Minden Hills Committee of the Whole Agenda Thursday, May 14, 2020 9:00 A.M

The Corporation of the Township of Minden Hills Committee of the Whole Agenda Thursday, May 14, 2020 9:00 A.M.

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The meeting is held electronically in accordance with Section 238 of the Municipal Act, which provides for electronic participation where an emergency has been declared to exist in all or part of the municipality under Section 4 or 7.01 of the Emergency Management and Civil Protection Act.

To observe Council proceedings please visit the Township's website at https://mindenhills.ca/council/ or click the following live-stream link: https://youtu.be/qBXNb0Tue50

1. Roll Call

2. Call to Order/Approve Agenda

a) Approval of the May 14, 2020 Committee of the Whole Agenda

Be it resolved that the May 14th Committee of the Whole Meeting Agenda be approved as circulated.

3. Declaration of Pecuniary Interest or General Nature Thereof

4. Public Meeting

5. Delegations

6. Adoption of Minutes from Previous Meeting

7 - 17 a) March 12, 2020 Committee of the Whole Meeting Minutes

Be it resolved that the March 12, 2020 Committee of the Whole Meeting minutes be approved as circulated.

7. Payment of Accounts

Page 1 of 195 Page

a) Nil

8. ROMA Board - Councillor Sayne

9. Mayor's Report

Correspondence and Communications 10.

a) Nil

Environmental 11.

18 - 20 a) Report 20-017 Award of C&D RFP

21 - 25 b) Report 20-018 Waste Site Passes

Recommendation: That Council receives Report #20-018 ENV Waste Site Passes as information;

And further that Council provides pre-approval at its May 14, 2020 Committee of the Whole meeting, by way of this resolution, and directs Staff to print and distribute revised waste site passes with new hours of operation and a mechanism by which household bag disposal can be tracked.

Roads 12.

26 - 28 a) Report 20-022 Traffic Markings Rate Extension

29 - 30 b) Report 20-024 Calcium Chloride Rate Extension

31 - 32 c) Report 20-026 Project Management Software

33 - 35 d) Report 20-027 Downtown Pigeons

Economic Development and Cultural Centre 13.

a) Nil

Community Services

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14.

a) Nil

Fire Services 15.

a) Nil

Building and By-law Services 16.

36 - 48 a) CBO - Report 20-004 Noise By-Law Housekeeping Changes

Planning and Development 17.

49 - 51 a) Report 20-025 PLSRA2020019 - Giroux - To proceed with application

52 - 54 b) Report 20-026 PLSRA2020020 - Neville - To proceed with application

55 - 103 c) Report 20-027 PLSPR2019056 - Luke - Enter into Site Plan Agreement

104 - 107 d) Report 20-028 PLH2019042 - Melymuk & Thome Accept lands from to break a consent

108 - 114 e) Report 20-029 PLOCC2019006 - Braiden & Mason Transfer of License of Occupation

115 - 122 f) Report 20-030 PLOCC2020027 - Maulson Permit License of Occupation on Riverwalk

123 - 138 g) Report 20-031 PLZBA2020011 - Ocean and Echo Investment Inc Proposed Zoning By-law Amendment

139 - 156 h) Report 20-032 Sale of Shoreline Road Allowances & Shoreline Work Permits Update (Staff requesting direction)

Finance and General Government 18.

157 - 159 a) CAO Report 20-019 2019 Year End Transfers to Reserves

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160 - 167 b) CAO Report 20-020 2019 Surplus - Pending Audit Review (Staff requesting direction)

168 - 172 c) CAO Report 20-021 Arena Project - Value Added Items - Follow- Up to February 13, 2020 Report. (Staff requesting direction)

173 - 181 d) CAO Report # 20-022 Admin/Treasury - Final Tax Billing and Misc. Accounts Receivable Due Dates (Staff requesting direction and pre-approval)

Recommendation: That Report 20-022 Admin/Treasury – Final Tax Billing and Misc. Accounts Receivable Due Dates be received as information;

And further, that Council provide direction regarding the 2020 final tax billing due dates, and the extension of due dates for misc. accounts receivable accounts and billings.

Closed Session 19.

a) To proceed into Closed Session for the purpose of discussing the following:

• Three items in accordance with Section 239(2) (d) of the Municipal Act, 2001 as amended regarding labour relations or employee negotiations; • One item in accordance with Section 239(2) (i) of the Municipal Act, 2001 as amended regarding a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; • One item pursuant with Section 239(2)(f) of the Municipal Act, 2001, as amended, regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and • One item in accordance with Section 239(2) (b) of the Municipal Act, 2001 as amended, regarding personal matters about an identifiable individual, including municipal or local board employees.

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That Council proceed into Closed Session at ______for the purpose of discussing the following:

Open Session Resume 20.

a) May 14, 2020 Open Session Resumes

Be it Resolved that Closed Session adjourn at ______and Open Session resumes.

Report from Closed Session 21.

a) Report from Closed Session

Be it resolved that the direction given in Closed Session be approved.

Draft By-laws 22.

182 - 195 a) May 28, 2020 By-Laws: • By-Law 20-56 PLANNING Report 20-027 Site Plan Agreement

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• By-Law 20-57 PLANNING Report 20-029 Agreement for Shoreline Occupation • By-Law 20-58 PLANNING Report 20-030 Agreement for Shoreline Occupation • By-Law 20-59 PLANNING Report 20-028 Acceptance of Land • By-Law 20-60 PLANNING Report 20-026 Zoning Amendment PLZBA2020011 • By-Law 20-61 BBP Report 20-004 Draft Noise and Fireworks Bylaw

Adjournment 23.

a) Adjournment of the May 14, 2020 Committee of the Whole Meeting

Be it resolved that the May 14, 2020 Committee of the Whole Meeting is hereby adjourned at ______.

Page 6 of 195 The Corporation of the Township Of Minden Hills Committee of the Whole

Meeting Minutes

Thursday, March 12, 2020 Council Chambers

Present: Mayor Brent Devolin Deputy Mayor Lisa Schell Councillor at Large Ron Nesbitt Councillor Ward 1 Bob Carter Councillor Ward 1 Jennifer Hughey Councillor Ward 2 Pam Sayne Councillor Ward 3 Jean Neville

Staff: CAO/Treasurer, Lorrie Blanchard Deputy Clerk, Shannon Prentice EDDMO, Emily Stonehouse Fire Chief, Nelson Johnson CBO/Planning Supervisor, Colin McKnight Director of Public Works, Travis Wilson Planner, Ian Clendening

The Meeting commenced at 9:00 a.m.

1. Call to Order/Approve Agenda

a) Approval of the March 12, 2020 Committee of the Whole Agenda.

Res. #20-124 Moved by: Councillor Hughey Seconded by: Councillor Carter Be it resolved that the March 12, 2020 Committee of the Whole Meeting Agenda be approved as circulated. CARRIED

2. Declaration of Pecuniary Interest or General Nature Thereof

There were no pecuniary interests declared.

3. Public Meeting

a) Proposed Zoning By-law Amendment Application PLZBA2020011

Res. #20-125 Moved by: Councillor Carter Seconded by: Councillor Hughey Be it resolved that Council adjourn its Committee of the Whole meeting at 9:01 am in order to proceed into a Public Meeting under Section 34 of the Planning Act for a proposed Zoning By-law Amendment - Application PLZBA2020011. CARRIED

March 12, 2020 COTW Minutes

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Res. #20-126 Moved by: Councillor Hughey Seconded by: Councillor Carter Be it resolved that the Public Meeting is hereby adjourned at 9:17 am and the Committee of the Whole Meeting resume. CARRIED

4. Delegations

a) Ms. Shanna Dryburgh, Request for Amendments to the Kennel By-law - Tethered Dogs Living Outside.

Res. #20-127 Moved by: Councillor Carter Seconded by: Councillor Hughey Be it resolved that Council receives a delegation from Ms. Shanna Dryburgh regarding a request to amend the Township's Kennel By-law, as information.

And further that Council directs a report from Staff regarding the Township’s Kennel By-law to be brought back to Council for review and consideration. CARRIED

5. Adoption of Minutes from Previous Meeting

a) February 13, 2020 Committee of the Whole Meeting Minutes

Res. #20-128 Moved by: Councillor Carter Seconded by: Councillor Hughey Be it resolved that the February 13, 2020 Committee of the Whole Meeting minutes be approved as circulated. CARRIED

6. Payment of Accounts

a) March 12, 2020 Accounts

Res. #20-129 Moved by: Councillor Nesbitt Seconded by: Councillor Neville Be it resolved that the accounts in the amount of $340,127.15 be approved for payment CARRIED

7. Mayor's Report

The Mayor provided an update regarding the following:  Service Delivery Review – Strategic Corp.  Minden Hills and County of Haliburton attending meetings relating to COVID-19 Pandemic and Spring Freshet

8. ROMA Board Report - Councillor Sayne

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Councillor Sayne advised of the March 13, 2020 ROMA Board meeting being held in Toronto.

9. Correspondence and Communications

a) Library Circulation Totals

Recommendation: That Council receive the Library circulation totals as information.

b) Mr. Stan Russell re: Pigeons

Recommendation: That Council receives correspondence from Stan Russell regarding nuisance Pigeons in the downtown core, as information;

And further Council directs a report from Staff regarding options to mitigate nuisance Pigeons in the downtown core to be brought back to Council for review and consideration.

c) Honourable Steve Clark, Minister of Municipal Affairs and Housing re: Provincial Policy Statement, 2020

Recommendation: That Council receives correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing regarding the Provincial Policy Statement, 2020 as information.

d) Proposed regulatory changes under the Aggregate Resources Act

Recommendation: That Council receive correspondence regarding Proposed regulatory changes under the Aggregate Resources Act as information.

e) Mr. Omeed Neekon request for snow removal from private driveway

Recommendation: That Council receive correspondence from Mr. Omeed Neekon re: request for snow removal from private driveway as information;

And further Council directs a report from staff regarding the Townships liability risk to be brought back to Council for review and consideration.

f) World Autism Awareness Day - Raise the Autism Ontario Flag - Thursday April 2nd

Recommendation: That Council receive correspondence re: World Autism Awareness Day – Raise the Autism Ontario Flag – Thursday April 2nd as information.

10. Environmental

a) Report #20-012 Agreement with Fleming College for Placement Students

Res. #20-130

March 12, 2020 COTW Minutes

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Moved by: Councillor Sayne Seconded by: Councillor Nesbitt Be it resolved that Council receive Report #20-012 – ENV – Agreement with Fleming College for Placement Students as information;

And further, that Council provides pre-approval at the March 12th COTW meeting, by way of this resolution, for the Mayor and Clerk to execute the Fleming College Agreement;

And further, that By-Law #20-042 authorizing said approval be referred to the by- law section of the March 26, 2020 Council meeting Agenda. CARRIED

b) Report #20-014 Update on the Waste Free Ontario Act and Future Impacts to Recycling Contracts

Recommendation: That Council receive Report #20-014– ENV – Waste Free Ontario Act Update and Impacts to Minden Hills as information;

And whereas the amount of single-use plastics leaking into our lakes, rivers, waterways is a growing area of public concern;

And whereas reducing the waste we generate and reincorporating valuable resources from our waste stream into new goods can reduce GHGs significantly;

And whereas the transition to full producer responsibility for packaging, paper and paper products is a critical to reducing waste, improving recycling and driving better economic and environmental outcomes;

And whereas the move to a circular economy is a global movement, and that the transition of Blue Box programs would go a long way toward this outcome;

And whereas the Township of Minden Hills is supportive of a timely, seamless and successful transition of Blue Box programs to full financial and operational responsibility by producers of packaging, paper and paper products;

And whereas the Association of Municipalities of Ontario has requested municipal governments with Blue Box programs to provide an indication of the best date to transition our Blue Box program to full producer responsibility;

Therefore be it resolved that the Township of Minden Hills would like to transition the Blue Box program to full producer responsibility February 1st, 2023;

And that this decision is based on the following rationale:

1. Minden Hills’ transport and processing contract expires January 31, 2023; 2. No Staff will be displaced as a result of the transition; 3. The condition of Minden Hills’ physical infrastructure is deteriorating and will need to be replaced prior to the end of 2023 in order to continue to deliver the Blue Box program and using tax dollars to make this investment should be avoided;

March 12, 2020 COTW Minutes

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4. And the Township’s depot-based, two-stream program operated under one contract for transport and processing will be simple to transition quickly.

And that The Township of Minden Hills would be interested in providing collection services to Producers should the Township be able to arrive at mutually agreeable commercial terms;

And that any questions regarding this resolution can be directed to Tara Stephen, Manager of Waste Facilities at 705-286-1260 or [email protected];

And that the resolution be forwarded to the Association of Municipalities of Ontario and the Ontario Ministry of the Environment, Conservation and Parks.

c) Report #2020-015 ENV Agreement with Algonquin Highlands to Partner on the Delivery of the Waste Wizard App

Recommendation: That Council receives Report #20-015 ENV – Agreement with Algonquin Highlands to Partner on the Delivery of the Waste Wizard App as information;

And further, Council adopts By-law #20-39 authorizing the Mayor and Clerk to execute the agreement between the Township of Minden Hills and the Township of Algonquin Highlands for delivery of the Waste Wizard App.

d) Report #20-016 Award of RFT 20-01 Supply and Delivery of Landfill Cover Materials

Recommendation: That Council receive Report #20-016 Award of RFT ENV 20-016 Supply and Delivery of Landfill Cover Materials as information;

And further; that Council approves the tender submission from Francis Thomas Contracting Company Ltd. As sole source procurement, as per section 7.2 (v) of the Townships procurement policy;

And further, that Council awards Special Provision 1 of RFT ENV 20-01 for the Supply and Delivery of Landfill Cover Materials to Francis Thomas Contracting Company Ltd. at the following unit rates:

 Irondale Daily Cover - $18.23 per cubic yard; and  Scotch Line Daily Cover - $10.97 per cubic yard.

Council recessed at 10:24 a.m. and reconvened at 10:36 a.m.

11. Roads

a) Report #20-014 Roads – February 2020 Monthly Activity Report

Recommendation: That Council receives Report #20-014 Roads February 2020 Monthly Activity Report for information.

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b) Report #20-015 Street Sweeping Rate Extension

Recommendation: That Council receive Report # 20-015 - Roads – Street Sweeping Rate Extension as information;

And further, that Council approve the rate extension as offered by Glen’s Sweeping in the amount of $145/hour;

And further, that Council approve the Single Source procurement, as per section 7.3 of the Procurement Policy #17, for the hiring of Glen’s Sweeping to perform mobile sweeping services at an estimated sum of $16,000 exclusive of HST. c) Report #20-016 Roads Emergency Procurement - 2014 Tandem Plow Repair

Recommendation: That Council receive Report # 20-016 - Roads – Emergency Procurement - 2014 Tandem Plow Repair as information;

And further, that Council waives the procurement tendering requirement for the “emergency” repairs to the 2014 Western Star Tandem Plow, as per Section 7.4 of the Township’s procurement policy;

And further that, Council approves the cost of $6,845.75 plus HST of $889.95 for a total cost of $7,735.70, for the “emergency” repairs to the 2014 Wester Star Tandem Plow as performed by Currie Truck Centre;

And further, that Council approves use of the Roads Reserves to cover any unfinanced costs related to the repairs of the 2014 Western Star, in the absence of a departmental surplus. d) Report #20-017 RFT Results for Cold Constructed Asphalt Pavement, Road Resurfacing Various Locations

Recommendation: That Council receive Report # 20-017- Roads – RFT Results for the CCAP Road Resurfacing Various Locations as information;

And further, that Council awards RFT 20-01 for CCAP Road Resurfacing, Various Locations to Miller Paving Ltd in the amount of $374,802.40 plus HST of $48,724.31, for a total cost of $423,526.71 as a Sole Source Procurement, as per section 7.2 (v) of the Townships procurement policy, and that Debenture funding be utilized to cover any unfinanced costs related to the project, in the absence of a departmental surplus;

And further, that Council adopts By-law 20-41 authorizing the Mayor and Clerk to execute the Agreement between the Township of Minden Hills and Miller Paving Ltd. for the CCAP Road Resurfacing, Various Locations. e) Report #20-018 Sole Source Tatham Engineering

Recommendation: That Council receive Report # 20-018- Roads – Sole Source Tatham Engineering as information;

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And further, that Council awards the Design, Engineering and Contract Administration for the Shetland Road Drainage Improvements project to Tatham Engineering for a base amount of $38,000 plus HST of $4,940, for a total cost of $42,940 as Sole Source Procurement, as per section 7.2 (v) of the Townships procurement policy, and that Debenture funding be utilized to cover any unfinanced costs related to the project, in the absence of a departmental surplus;

And further, that Council directs Staff to prepare an agreement with Tatham Engineering to be brought forward for Council’s review and consideration at the March 26, 2020 Regular Council Meeting.

12. Economic Development and Cultural Centre

a) Report # 20-006 February Month-End Report

Recommendation: That Council receives Report # 20-006 EDDMO February Month-End Report as information.

b) Report # 20-007 FICE Report Back from Sundridge

Recommendation: That Council receives Report # 20-007 FICE Report Back from Sundridge as information.

c) Report # 20-008 RED Funding Agreement for Signage

Res. #20-131 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that Council receives Report # 20-008 RED Funding Agreement for Signage as information;

And further, that Council provides pre-approval at the March 12th COTW meeting, by way of this resolution, for the Mayor and CAO/Treasurer to execute the 2020 Rural Economic Development Program Agreement;

And further, that adoption of By-Law #20-040 authorizing said approval be referred to the by-law section of the March 26, 2020 Council meeting agenda. CARRIED

13. Community Services

a) Report # 20-01 Community Services Department - Monthly Progress Summary for January and February 2020 – IPD Renewal of S.G. Nesbitt Memorial Arena and Community

Recommendation: That Council receives Report # 20-01 Community Services Department – Monthly Progress Summary for January and February 2020 – IPD Renewal of S.G. Nesbitt Memorial Arena and Community Centre project, as information.

March 12, 2020 COTW Minutes

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14. Fire Services

a) Report #20-005 FIRE February 2020 Fire Summary

Recommendation: That Council receive Report 20-005 FIRE – February 2020 Fire Summary as information.

15. Building and By-law Services

a) Report #20-02 - Building/Bylaw/Planning 2019 Annual Report

Recommendation: That the 2019 Annual Report for Building, By-law, On-Site Sewage System and Planning be received as information.

b) Report #20-03 - January 2020 Building/Bylaw/Planning Summary

Recommendation: That the January 2020 Report for Building, By-law, On-Site Sewage System and Planning be received as information.

16. Planning and Development

a) Report #20-019 Sale of Shoreline Road Allowances & Shoreline Work Permits

Recommendation: That Council receive Report #20-019 Planning Sale of Shoreline Road Allowances & Shoreline Work Permits as information;

And further, that Council provide direction to Staff concerning the proposed MNRF permitting process and Council’s intent to proceed with the sale of Shoreline Road Allowances.

b) Report #20-020 Acceptance of Land to Break a Consent (Trellis Trail)

Recommendation: That Council receive Report #20-020 Planning Acceptance of Land to Break a Consent as information;

And further, that By-law No. 20-36 be referred to the By-law Section of the Agenda to accept a section of land from the applicant in order to ‘break’ the consents associated with severance File Numbers 069/11.

c) Report #20-021 PLPRRD2020014 Site Plan for Private Road Development

Recommendation: That Council receive Report #20-021 Planning PLPRRD2019009 Site Plan for Private Road Development as information;

And further, that By-law No. 20-43 be referred to the By-law Section of the Agenda to authorize the Mayor and Clerk to enter into a Site Plan Agreement.

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d) Report #20-022 PLZBA2020011 Proposed Zoning By-law Amendment (See Public Meeting)

Recommendation: That Council receive Report #20-022 Planning PLZBA2020011Proposed Zoning By-law Amendment as information.

17. Finance and General Government

a) Report # 20-013 2019 Statement of Council and Committee Remuneration

Recommendation: That Report 20-013 Admin/Treasury – 2019 Statement of Council and Committee Remuneration be received as information.

18. Questions from the Media Regarding Agenda Items

There were no questions asked from the Media.

19. Questions from the Public Regarding Agenda Items

There were no questions asked from members of the Public.

Council recessed at 12:16 p.m. and reconvened at 1:00 p.m.

20. Closed Session

a) To proceed into Closed Session for the purpose of discussing the following:

 One item in accordance with Section 239(2) (d) of the Municipal Act, 2001 as amended, regarding labour relations or employee negotiations;  One item in accordance with Section 239(2) (k) of the Municipal Act, 2001 as amended, regarding a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board;  One item in accordance with Section 239(2) (b) of the Municipal Act, 2001 as amended, regarding personal matters about an identifiable individual, including municipal or local board employees;  Four items in accordance with Section 239(2)(c) of the Municipal Act, 2001 as amended, regarding proposed or pending acquisition or disposition of land(s) by the municipality or local board; and  One item in accordance with Section 239(2) (a) of the Municipal Act, 2001 as amended, regarding the security of the property of the municipality or local board.

March 12, 2020 COTW Minutes

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Res. #20-132 Moved by: Councillor Nesbitt Seconded by: Councillor Neville Be it resolved that Council proceed into Closed Session at 1:00 PM for the purpose of discussing the following:

21. Open Session Resume

a) March 12, 2020 Open Session Resume

Res. #20-133 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that Closed Session adjourn at 2:44 pm and Open Session resume. CARRIED

22. Report from Closed Session

a) Report from Closed Session

Res. #20-134 Moved by: Councillor Nesbitt Seconded by: Councillor Sayne Be it resolved that the direction given in closed session be approved. CARRIED

Res. #20-135 Moved by: Councillor Sayne Seconded by: Councillor Neville Be it resolved that Council ratifies the proposed Memorandum of Settlement for the Union Contract Negotiations with CUPE Local 4286;

And further, that Council pass the by-law at a future Council meeting to authorize the execution of the Contract. CARRIED

March 12, 2020 COTW Minutes

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23. Draft By-laws

a) March 26, 2020 Draft By-laws:  By-Law 20-36 PLANNING Report 20-20 Acceptance of Land;  By-Law 20-39 ENV Rpt 20-015 To execute an Agreement with Algonquin Highlands to Partner on the Delivery of the Waste Wizard Web Application;  By-Law 20-40 EDDMO Rpt 20-008 To execute a Funding Agreement for the RED Program;  By-Law 20-41 RDS Rpt 20-017 To execute an Agreement with Miller Paving Ltd for CCAP Road Resurfacing;  By-Law 20-42 ENV Rpt 20-012 To execute an Agreement with Fleming College for Placement Students; and  By-Law 20-43 PLANNING Report 20-021 Private Road Site Plan Agreement

24. Adjournment

a) Adjournment of the March 12, 2020 Committee of the Whole Meeting

Res. #20-136 Moved by: Councillor Neville Seconded by: Councillor Nesbitt Be it resolved that the March 12, 2020 Committee of the Whole Council Meeting is hereby adjourned at 2:45 pm. CARRIED

Brent Devolin, Mayor

Vicki Bull, Clerk

March 12, 2020 COTW Minutes

Page 17 of 195 TO: Mayor and Members of Council

FROM: Travis Wilson, Director of Public Works

DATE: April 22, 2020

RE: Report ENV #20-017 RFP Results - Construction and Demolition Disposal Services Request ______

Purpose: The purpose of this report is to provide Council with the results for RFP ENV 20-02 Construction and Demolition Waste Disposal and to receive approval from Council to award the RFP for Construction and Demolition Disposal Services to Miller Waste for Option 4 – Transport and Disposal.

Background: Construction and demolition (C&D) waste is collected at the Scotch Line Landfill and stockpiled for disposal offsite. Historically, a waste management company has been hired to provide transportation and disposal services using a 53’ transport trailer which is loaded by Staff using an excavator.

On February 26, 2020, a Request for Proposals (RFP) was issued to determine what options were available for transportation and disposal of C&D materials. The RFP asked interested bidders to indicate how they would transport and dispose of materials, as well as which materials they could accept as part of the services they offered.

The RFP was sent out by invitation and was placed publically on the Township website. Responses were due back to the Township by March 12, 2020 @ noon.

The RFP asked respondents to provide pricing for four different transportation scenarios:

Option 1: Disposal services only (Township to arrange transportation) Option 2: Transport and disposal using a train (truck that hauls 2x 40-yard bins) Option 3: Transport and disposal using a single 40-yard bin Option 4: Transport and disposal using a 53’ transport trailer.

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Page 18 of 195 Respondents were permitted to submit proposals for any or all of the options, and could submit multiple proposals for each option.

Responses were evaluated based on ease of management for the Township and site users, adherence to the principle of “reduce, reuse, recycle”, and total cost to manage.

Proposals were opened on March 12, 2020 @ 2:30pm. Two proposals were received from Miller Waste Systems and Mid Ontario Disposal. Miller Waste’s proposal was able to offer a wider array of accepted materials at a lower price, resulting in an overall higher score through the evaluation process.

Responses scored as follows:

Summary of Evaluation Scores and Proposal Pricing Evaulation

A B C D E F G Points for Price per Percent Proposal Total Company Submission Price Tonne Score Score Score Evaluation Mid Ont Opt 1 $136.17 76% 153 68 221 Mid Ont Opt 2 $184.00 57% 113 70 183 Mid Ont Opt 3 $233.00 45% 89 75 164 Mid Ont Opt 4 $125.00 83% 166 76 242 Miller Opt 4 $103.96 100% 200 80 280

Column C Price per tonne submitted by each Proponent Column D Lowest overall price divided by price submitted by proponent Column E Total available "price" score multiplied by "percent score" in column D Column F Score achieved on technical submission based on eval criteria Column G Column E + Column F

The highest scoring respondent overall was Miller Waste for Option 4: transport and disposal using a transport truck.

Financial Implications:

The total tendered price for Miller Waste’s Option 4 bid is $252,400.00 + HST, under the assumption that all incoming tonnes will be managed in this manner.

These funds are included in the 2020 operating budget and tipping fees are collected on all inbound materials to offset the cost to manage this material.

Energy Impacts and Renewable Energy Readiness:

There are no energy impacts associated with this report.

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Page 19 of 195 Recommendation:

That Council receive Report #20-017 ENV RFP Results - Construction and Demolition Disposal Services Request as information;

And further, that Miller Waste be awarded Option 4 of the Request for Proposals for the Transportation and Disposal of Construction and Demolition Materials at the unit rate of $103.96 per metric ton.

Respectfully submitted,

Travis J. Wilson, C.Tech., Director of Public Works

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Page 20 of 195 TO: Mayor and Members of Council

FROM: Travis Wilson, Director of Public Works

DATE: May 14, 2020

RE: Report #20-0018 ENV Waste Site Passes ______

Purpose:

The purpose of this report is to recommend changes to the format and distribution of waste site passes which would create a process for tracking bagged waste disposal at all sites and to request Council’s pre-approval for the creation and distribution of the proposed format of waste site passes.

Background:

The Township of Minden Hills (the Township) owns and operates five (5) waste sites. The Environmental Compliance Approvals at all sites require site staff to confirm that all site users are residents of the Township. Currently, this is done using a “waste site access card” that is mailed to residents with their tax bill when it is updated.

The Township also has a by-law in place that restricts residents to the generation of 3 bags of waste per household per week. The intent of a bag limit is to protect landfill capacity and encourage residents to use diversion programs.

The application of the bag limit is essentially on the “honor system” at this time. Staff check waste loads to ensure that residents have not exceeded the bag limit then allow them to dispose of waste. The same resident could attend later in the week or attend another site to dispose of more waste. It is impossible for a site attendant to remember who has attended the site each week and there is no method of cross referencing who has attended each site.

Further, in order to ensure that users of the facility stay within the weekly bag limit, most residents are required to come to a waste site every week to dispose of waste. For some, this is a time consuming and undesirable task.

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Page 21 of 195 Proposed Change to Waste Card:

As part of the 2020 operating budget deliberations, Council approved new waste site hours of operation. Information on the back of the waste site cards will reflect these new hours..

Staff suggest that this waste pass also be printed with 156 “boxes” that would be marked off by site staff to help track how many bags of garbage have been disposed of by the resident. This would addresses the challenges with bag limit enforcement and ensure even application of the by-law to all residents. A sample is attached as Appendix A for Council’s consideration (this is not the final proposed layout, just a demonstration).

Improved Flexibility for Residents:

Changing the waste site pass to include “punches” will not have a negative impact on residents. Residents are already required to bring their waste site pass to site, so there is no additional burden to residents to remember to bring the punch card – the pass and the “punch card” will be the same document. Moving forward, they will simply hand the card to the site attendant who will mark off the number of bags deposited by the site user.

As mentioned, having a weekly limit in a non-curbside collection system is inconvenient for residents as it requires them to attend the site on a weekly basis to get rid of waste, when many may choose to attend less frequently if given the opportunity.

Providing residents with an annual waste site pass that doubles as a bag counter allows residents the flexibility to attend as frequently or infrequently as they wish. If a resident wanted to save up 10 or more bags of garbage before attending the site, they would have the ability to do so without incurring charges for the bags in excess of 3.

If a household uses all the available “punches” on their card, they may purchase an additional card or a pro-rated card for the balance of the year. This fee would need to be included in the fees and charges by law.

Logistics:

Staff propose that the bag limit be reviewed annually in January and that cards be printed and distributed with the second tax bill of the year, with the card being valid from July 1 to June 30 annually.

Financial Implications:

Page 2

Page 22 of 195 Cards can be designed in-house each year with little administrative cost. The cost to print and distribute the waste passes is approximately $4,500.

At this time, there is no data to allow an educated estimate about the number of site users disposing of more than 3 bags of waste per week, so it is difficult to determine what the reduction in waste transfer/landfilling costs would be or how much increased tipping fee revenue would be recovered from users paying for additional bags of waste.

Energy Impacts and Renewable Energy Readiness:

With the distribution of these cards, Staff hope to also provide an education campaign to the public to encourage them to take advantage of the ability to make fewer trips the landfill. If every household in Minden reduced their trips to the landfill by just 2 visits per year, 23.27 tonnes of CO2 emissions could be prevented (the equivalent of taking 6 vehicles off the road for an entire year).

Recommendation:

That Council receives Report #20-018 ENV Waste Site Passes as information;

And that Council provides pre-approval at its May 14, 2020 Committee of the Whole meeting and directs Staff to print and distribute revised waste site passes with new hours of operation and a mechanism by which household bag disposal can be tracked.

Respectfully submitted,

Travis J. Wilson, C.Tech., Director of Public Works

Attachment: Sample Proposed Landfill Pass

Page 3

Page 23 of 195 Blue Box Recycling Sorting Blue Box Recycling Sorting Guide Guide

Containers Stream Containers Stream • Milk and juice cartons • Milk and juice cartons • Empty drinking boxes • Empty drinking boxes • Aluminum cans, trays & • Aluminum cans, trays & clean tin foil clean tin foil • Empty paint & aerosol cans • Empty paint & aerosol cans • Frozen juice cans • Frozen juice cans • Plastic food & beverage containers (1-7) • Plastic food & beverage containers (1-7) • Plastic personal care product containers (1-7) • Plastic personal care product containers (1-7) • Yogurt containers • Yogurt containers • Clamshell food trays • Clamshell food trays • Glass bottles and jars (coloured and clear) • Glass bottles and jars (coloured and clear) Paper Stream Paper Stream • Corrugated Cardboard • • Boxboard Corrugated Cardboard • • Phone books, magazines, catalogues Boxboard • • Junk mail Phone books, magazines, catalogues • • Wrapping paper Junk mail • • Office paper & envelopes Wrapping paper • • Paperback books Office paper & envelopes • • Paper egg cartons Paperback books • • Paper towel and toilet paper rolls Paper egg cartons • • Empty paper cups Paper towel and toilet paper rolls • • Styrofoam packages and trays Empty paper cups • • Plastic bags (shopping, bread, milk) Styrofoam packages and trays • Plastic bags (shopping, bread, milk) Garbage • Tissue paper, paper towel Garbage • • Plastic wrap and waxed paper Tissue paper, paper towel • • Absorbent pads from meat trays Plastic wrap and waxed paper • • Broken glass, dishes and Tupperware Absorbent pads from meat trays • • Disposable cutlery and straws Broken glass, dishes and Tupperware • Disposable cutlery and straws

Page 24 of 195 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

31 Waste Disposal Site User Identification Card Waste Disposal Site User Identification Card 31

32 Valid July 1 2020 — June 30, 2021 Valid July 1 2020 — June 30, 2021 32 This card allows the holder access to Waste Sites per This card allows the holder access to Waste Sites per 33 the terms of By-Law 18-32 and as amended. the terms of By-Law 18-32 and as amended. 33

34 Not to be transferred or shared. Not to be transferred or shared. 34

35 May 1 to September 30 May 1 to September 30 35 S M T W T F S S M T W T F S 36 36 Scotch Line Scotch Line 9-6 9-6 9-6 9-6 9-6 9-6 9-6 9-6 9-6 9-6 9-6 9-6 37 37 Ingoldsby 9-1 2-6 9-6 2-6 Ingoldsby 9-1 2-6 9-6 2-6 38 Iron Mine 2-6 9-1 9-6 9-1 Iron Mine 2-6 9-1 9-6 9-1 38

39 Little Gull 9-1 2-6 9-6 2-6 Little Gull 9-1 2-6 9-6 2-6 39 Open regular Monday hours on Holiday Mondays. Open regular Monday hours on Holiday Mondays. 40 40 October 1st to April 30 October 1st to April 30 41 41 S M T W T F S S M T W T F S 42 42 Scotch Line 10-5 10-5 10-5 10-5 10-5 10-5 Scotch Line 10-5 10-5 10-5 10-5 10-5 10-5 43 43 Ingoldsby 10-1 2-5 Ingoldsby 10-1 2-5 44 Iron Mine 10-1 2-5 Iron Mine 10-1 2-5 44

45 Little Gull 2-5 10-1 Little Gull 2-5 10-1 45 Not open Holiday Mondays. 46 Not open Holiday Mondays. 46

47 For more information, For more information, please visit mindenhills.ca or call 705-286-1260. please visit mindenhills.ca or call 705-286-1260. 47

48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77

63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 

Page 25 of 195 TO: Mayor and members of Council

FROM: Travis Wilson, Director of Public Works

DATE: May 14, 2020

RE: Report #20-022 RDS Pavement Markings Rate Extension ______

Purpose:

The purpose of this report is to inform Council of the offer to extend our pavement marking quotation with Midwestern Line-Striping at a 4.1% ($372.50) increase over 2019.

Background:

The Township of Minden Hills applies pavement markings on an annual basis. Markings include, centre line, edge line, “No Parking”, accessible parking, stop blocks, and crosswalks.

The following table displays the estimated costs for this work in 2020.

Table 1

Unit Item Quantity UOM Total Price Pre-Marking Allowance 2 hr $150.00 $300.00 Stop Bars 40 EA $30.00 $1,200.00 Centre Line 6100 m $0.35 $2,135.00 Parking Stalls 178 EA $3.00 $534.00 Edge Line 8800 m $0.35 $3,080.00 Zebra Bar Cross Walks 19 EA $20.00 $380.00 Blue Handicap Stencils 5 EA $60.00 $300.00 Yellow Lettering "Loading Zone" (12" Letters) 11 EA $5.00 $55.00 "No Parking" (12" Letters) 18 EA $5.00 $90.00 "No Parking" Symbols 3 EA $10.00 $30.00 Hatching 120 m $1.00 $120.00

Page 1

Page 26 of 195 Crosswalks @ Park Side (2x10cm Lines) 2 EA $40.00 $80.00 DURABLE Crosswalks At Dominion 14 EA $8.00 $112.00 Bars in Durable 6 EA $180.00 $1,080.00 Sub-Total $9,496.00 HST $1,234.48 Total Inclusive of HST $10,730.48

Staff will also assess the existing pavement markings in early June for retro- reflectivity, any markings that pass the retro-reflectivity assessment will be deferred for the 2020 season.

Staff are confident in the ability of Midwestern Line-Striping to perform their work on time and budget and they are familiar with the area and our routine.

Financial Implications:

The work related to this service has been budgeted for in the 2020 Budget in the amount of $11,000.00.

Energy Impacts and Renewable Energy Readiness:

There is no energy impacts associated with this report.

Recommendation:

That Council receive Report # 20-022 - RDS – Pavement Markings Rate Extension as information;

And further, that Council waive Procurement Policy #17 for the Single Source Procurement of the hiring of Mid-Western Line-Striping for the supply and delivery of Pavement Markings, as per section 7.3 of the Procurement Policy.

And further, that Council approve the rate extension as offered by Mid-Western Line-Striping to the Township of Minden Hills for the estimated sum of $10,730.48 inclusive of HST.

Respectfully submitted:

Travis J. Wilson, C.Tech., Director of Public Works

Page 2

Page 27 of 195 MIDWESTERN LINE STRIPING INC. BOX 159, CLARKSBURG, ONTARIO, N0H 1J0 519-599-2775 - 519-599-4578-FAX [email protected]

March 5, 2020

Township of Minden Hills P.O. Box 359 7 Milne Street Minden, Ontario K0M 2K0

705-286-1260 705-286-4917-Fax

Attention: Chris Porter

This letter is with regards to the Pavement Marking Contract for this current year. Midwestern Line Striping Inc. would be interested in performing the pavement marking duties for this current year for the Township of Minden Hills, but the pricing for the center line and edge line would need to be increased from .325/M to .350/M.

If this is acceptable to Minden Hills we would look forward to working in your Township again this season.

Sincerely, Sharon Harbottle General Manager

Page 28 of 195 TO: Mayor and members of Council

FROM: Travis Wilson, Director of Public Works

DATE: May 14, 2020

RE: Report #20-024 Roads Calcium Chloride Rate Extension ______

Purpose:

The purpose of this report is to inform the Council of the offer to extend the Supply and Delivery of Calcium Chloride as proposed by Miller Paving Ltd.

Background:

The Township of Minden Hills applies Calcium Chloride on an annual basis on loose top roads in areas with higher density of housing. Calcium chloride provides dust control and adds some stability to areas susceptible to erosion.

At the March 23, 2017 Regular Meeting of Council, Council received report 17-011 Tender Results RDS 17-07 Calcium Chloride and awarded the contract to Miller Paving Ltd. at a rate of $0.2175/L.

At the March 28, 2019 Regular Meeting of Council, Council renewed the contract with Miller Paving at a rate of $0.2274/L exclusive of HST.

Once again, Miller Paving has offered to renew with the Township for an additional year; however, has requested a 15.78% increase ($0.0359/L) for a total of $0.2633/L. This price has historically been for the supply, and application of the product to our roads and pumping product from their tanker to our truck for application on narrower roads or roads without an adequate turn around.

In 2019 the Township installed storage tanks at Yard 3, to be utilized for storage of Calcium Chloride. This allows the Township to store product, and utilize our own fleet which at times proves to be more efficient.

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Page 29 of 195 In addition to the proposed rate, Miller Paving has provided a price for pumping directly into our storage tanks; which requires less time, and fuel for them which decreases the cost to $0.02475/L exclusive of HST

Staff are confident in the ability of Miller Paving Ltd. to provide this service on time and within budget as they are familiar with our area and routine from the past several years.

In addition to the above, Staff are researching and will be bringing new concepts of dust suppression to Council for 2021 Budget Deliberations.

Financial Implications:

The proposed 2020 pricing is $0.2475/L for the supply and delivery to the storage tanks located at Public Works Yard 3 and $0.2633/L for supply, delivery and application of calcium chloride are both exclusive of HST.

The increases proposed by Miller Paving will equal ≈$4,800 for the 2020 year.

The costs related to the supply and delivery of calcium chloride have been included in the 2020 budget in the amount of $55,000.

Energy Impacts and Renewable Energy Readiness:

There is no energy impacts associated with this report.

Recommendation:

That Council receive Report #20-024 - Roads – Calcium Chloride Rate Extension as information;

And further, that Council approve the rate extension as offered by Miller Paving Ltd. to the Township of Minden Hills;

And further, that Council waive Procurement Policy #17 for the Single Source Procurement of the hiring of Miller Paving Ltd. for the supply, delivery and application of Calcium Chloride, as per section 7.3 of the Procurement Policy, in the amount of $0.2475/L for supply and delivery and $0.2633/L for the supply, delivery and application, both exclusive of HST.

Respectfully submitted:

Travis J. Wilson, C.Tech., Director of Public Works Page 2

Page 30 of 195 TO: Mayor and members of Council

FROM: Travis Wilson, Director of Public Works

DATE: May 14, 2020

RE: Report #20-026 Roads Project Management Software ______

Purpose:

The purpose of this report is to request Council’s approval of the unfinanced procurement of Microsoft Project for the Public Works Department.

Background:

The Township of Minden Hills has many large scale projects planned for 2020 and will have many more in the future. To ensure that Staff time is spent in the most efficient manner and that tasks are completed on time and tracked easily. Additionally, Staff will be able to create better reporting for Council on these large projects.

Through much research, Staff recommend the purchase of three licenses for Microsoft Project 2019. Each license is only capable of use by one user; meaning only the two Manager’s and Director of Public Works will be able to utilize the software.

Staff have researched the two different versions (Standard and Professional) of Microsoft Project and are still analyzing the benefits between the two; however, to accelerate the procurement process Staff request Council approve the cost to purchase Microsoft Project Professional 2019 as it would be the upset limit of the purchase.

Financial Implications:

The cost for each Project Professional license is ≈$1,720 exclusive of HST. The total cost of the three licenses would be ≈$5,160 exclusive of HST.

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Page 31 of 195 The cost for each Project Standard license is ≈$620 exclusive of HST. The total cost of the three licenses would be ≈$1,860 exclusive of HST.

The 2020 Budget does not include any funds dedicated to this purchase. Staff recommend that pending a department surplus from the Environmental and Roads Budget that their respective reserves be utilized for the procurement of the software.

Energy Impacts and Renewable Energy Readiness:

There is no energy impacts associated with this report.

Recommendation:

That Council receive Report #20-026 - Roads – Project Management Software as information;

And further, that Council approve the purchase of Microsoft Project with an upset limit of $5,160 exclusive of HST.

And further, that the Roads and Environmental Reserves be utilized to cover the unfinanced costs associated with the purchase of Microsoft Project in the absence of a departmental surplus.

Respectfully submitted:

Travis J. Wilson, C.Tech., Director of Public Works

Page 2

Page 32 of 195 TO: Mayor and Members of Council

FROM: Travis Wilson, Director of Public Works

DATE: May 14, 2020

RE: Report #20-027 RDS Downtown Pigeons ______

Purpose:

The purpose of this report is to provide Council with information in regards to the mitigation of pigeons in the downtown core

Background:

At the March 12, 2020, Council received correspondence from Mr. Stan Russell in regards to the pigeons within the village of Minden. Council had requested that Staff research and provide a report with options for the mitigation of the pigeons.

Staff have contacted two contractors for this service:  Eco-Choice Pest Control, and  Rentokil (the Township’s current contractor for Seagull mitigation).

Both contractors are very knowledgeable in this field and have provided a very extensive proposal. Both propose placing baited live traps on any flat roof occupied by the pigeons (subject to any requirements for owner permission). The traps would be checked regularly, with the pigeons taken off site and euthanized.

In order to successfully trap pigeons, they will need to become accustomed to the traps. This will entail pre-feeding them without having a trap set (this is contingent on others not feeding them). The traps would then be set with the essentials for life (shade, water, and feed).

Pre-feeding could be conducted on the rooves currently inhabited, or baited on the Municipal Building (flat roof).

Eco-Choice has also recommended that if these measurers become ineffective (pigeons will learn that food leads to traps) that they employ a form of birth control in the pigeon’s food. This is approved and endorsed by the humane society as a

Page 1

Page 33 of 195 humane control option. At the time of writing this report, Eco-Choice is acquiring a quote for obtaining the equipment/materials to provide this additional form of mitigation.

Financial Implications:

Rentokil has provided a price of $75/week for their trapping service up to 30 weeks ≈$2,250

Eco-Choice has provided a price of $50/visit for their service (likely weekly). For fairness in pricing, Staff have based their price on 30 weeks as well. ≈$1,500. Eco- Choice has also provided the following costs for a birth control feed:

30lb bag of feed - $500 Rental of feeder - $125/month Service Fee - $50/trip

As learned during the seagull mitigation program; there is not just one solution to these types of problems and different techniques may be required to successfully mitigate the pigeons. At this time it is difficult to predict if the feed will be required. Due to the unpredictability, Staff recommend a $1,500 contingency to be used for additional services and/or birth control feed.

The 2020 Budget does not include funds for this expenditure. In communication with the EDDMO, it has been suggested that the Economic Development Reserve should be utilized to fund this program in the absence of a surplus within the Economic Development budget.

Should Council wish to proceed, Staff recommend awarding the project to Eco- Choice Pest Control and include a $1,500 contingency to allow for birth control feed or additional services (if required).

Eco-Choice Pest Control does have insurance; however, is exempt from WSIB under exterminating and sanitation provisions. As they are exempt from WSIB; they would be required to complete a WSIB exemption questionnaire. Subject to this confirmation; Staff will provide them notice of award.

Energy Impacts and Renewable Energy Readiness:

There are no energy impacts associated with this report

Recommendation:

That Report #20-0027 RDS Downtown Pigeons be received as information;

Page 2

Page 34 of 195 And further, that Council awards the seagull mitigation to Eco-Choice Pest Control at a rate of $50/service for an estimated 30 weeks of service for a total of $1,500 exclusive of non-recoverable HST.

And further, that Council approves $1,500 as a contingency allowance to be used for birth control feed and additional services.

And further, that the Economic Development Reserve be utilized to cover these unbudgeted costs, in the absence of a departmental surplus from the Economic Development Department.

Respectfully submitted,

Travis J. Wilson, C.Tech., Director of Public Works

Page 3

Page 35 of 195

Report to: Mayor and Members of Council

From: Colin McKnight Building/Bylaw/Planning Supervisor

Date: May 14th, 2020

Subject: Report #20-004 Noise Bylaw Revisions

Purpose:

The purpose of this report is to provide Council with housekeeping changes to the current noise By-law 13-54.

Background:

By-law 13-54, Being a By-law to Regulate Noise within the Boundaries of the Township of Minden Hills, came into effect September 26th, 2013 and By-law 14-10, Being a By-law to amend By-law 13-54 – Township Noise By-law, came into effect January 30, 2014.

Staff have combined both By-laws and, as well, added wording in regard to fire bans. The resulting changes are as follows:

Definitions: f) “Fire Ban” means a temporary measure put in place by the Municipality or Ministry of Natural Resources and Forestry (MNRF) to restrict open air fires when extreme fire conditions may exist. This measure is put in place in order to help prevent human caused fires.

General Noise Regulations: (2.4) Despite Subsection 2.3, no person shall set off any Fireworks when there is a Fire Ban in effect or when open air burning is prohibited.

Permits for the Discharge of Public and Display Fireworks: (3.1) No person shall discharge or permit the discharging of display or public fireworks on prohibited days without a permit.

Page 1

Page 36 of 195 (3.2) Every application for a Permit to discharge Public or Display fireworks, for days other than those stated in Section 2.3, shall be made to the Fire Chief upon such application form as may be issued by the Fire Chief from time to time.

Repeals: (11.1) THAT By-laws 13-54 and 14-10 of the Corporation of the Township of Minden Hills are hereby rescinded.

Schedule “A” - General Noise Prohibitions:  13. Setting off Fireworks during a fire ban.

Schedule “C” – Short Form Wording for Set Fines:  Section 3.1 is changed to Section 3.2  Section 3.1 now reads, "No person shall discharge or permit the discharging of display or public fireworks on prohibited days without a permit."  Schedule C, ltem 1 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from combustion engine, no muffler," and now is "noise from combustion engine, no muffler."  Schedule C, ltem 2 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from construction equipment, no muffler," and now is "noise from construction equipment, no muffler."  Schedule C, ltem 3 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from horn of vehicle or warning device," and now is "noise from horn of vehicle or warning device."  Schedule C, ltem 4 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from ringing bells, gongs, sirens, whistles," and now is "noise from ringing bells, gongs, sirens, whistles."  Schedule C, ltem 5 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from barking dogs," and now is "noise from barking dogs."  Schedule C, ltem 6 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from shouting, yelling or amplified sound," and now is "noise from shouting, yelling or amplified sound."  Schedule C, ltem 7 short form wording was "permitting loud music that is of such a volume or nature that it is likely to disturb; or can easily be heard by an individual who is not on the same premises," and now is "permitting loud music at volume or nature likely to disturb; or be heard by a person not on the same premises.  Schedule C, ltem 8 short for wording was "Permitting unusual, excessive, unwanted disturbing noise from the discharge of fireworks," and now is "noise from the discharge of fireworks."  The letters (a)(b) have been removed from Schedule C, ltem 9, "provision creating or defining offense" column. The last line of Schedule C was "Note: The penalty provision for the offences indicated above is Section 7 of By-law No. 13-54, a certified copy of which has been filed," and now says, "Note: The penalty provision for the offences indicated above is section I of By-law No. 13-54, a certified copy of which has been filed."

Page 2

Page 37 of 195 Financial Implications:

None.

Energy Impacts and Renewable Energy Readiness

There are no energy impacts associated with this report.

Recommendation:

That Council receive Report 20-004–CBO Noise By-law Revisions as information;

And further that Council approves of the revisions to the proposed Noise By-law 20-61 and repeals By-laws 13-54 and By-law 14-10;

And further that By-law 20-61 be referred to the by-law section of the Regular Council meeting agenda for approval.

Respectfully submitted,

Colin McKnight CBO/Bylaw/Planning Supervisor

Attachments: Building/By-law/Planning - Report 20-004 – Attachment - Noise By-law 13-54 Building/By-law/Planning - Report 20-004 – Attachment – Noise By-law 14-10 Building/By-law/Planning – Report 20-004 – Attachment – Noise By-law 20-61 DRAFT

Page 3

Page 38 of 195 Corporation of the Township of Minden Hills

By-Law No. 13-54

Being a By-law to Regulate Noise within the Boundaries of the Township of Minden

WHBREAS the Council for the Township of Minden Hills is en-rpowered to pass By-laws to regulate noise within the boundaries of the Township of Minden Hills, pursuant to Section 129 (1), of the Munic'ilttrl Act, 2001, S.O. 2001, c.25, as arnended;

AND WHEREAS Council deems it expedient to enact a by-law to regulate noise within the boundaries of the Township of Minden Hills;

NOW THEREFORE the Council for the Township of Minden Hills enacts as follows

I. DEFINITIONS:

In this By-law,

a) "Agricultural Property" means a property that is zones for agricultural use in the zoning by- iaw that applies to the property;

b) "Construction" includes erection, alteration, repair, dismantling, demolition, structural tnaintenance, painting, moving, land clearing, earlh moving, gracling, excavation, blasting and detonation of explosive devices other than fireworks, the laying of pipe and conduit whether above or beiow ground level, street and highway building, concreting, equipment installation and altelation and the stmctural installation of construction components and materials in any form or for any purpose, and includes any associated or related work,

c) "Council" rì'ìeans the electecl Municipal Council of the Township of Minden Hills;

d) "Emergency" nteans a situation or an impending situation, often dangerous, caused by tl-re fbrces of nature. an accident, and intentional act or otherwise, which arises suddenly and calls for prompt actror-r;

e) "Emergency vehicle" includes a land ambulance, an air ambulance, a fire deparlment vehicle. and a rlotol vehicle being used to respond to an emergency;

f) "Fireworks" means a class of explosive pyrotechnic devices;

g) "Motor Vehicle" il-rcludes an autonobile, bus, truck, r.notorcycle, rnotor assisted bicycle ancl any other vehicle propelled or clriven other than by a muscular power, but does not include a lllotorized snow vehicle, traction engine. fàrm tractor, other fanr vehicle or road-building machine:

h) "Municipality" r-neans the Township of Minden Hills;

i) "Noise" n-ìealìs souuds that is uliusual or excessive, or that is unwanted by or disturbing to persons;

j) "Owner" includes

i) the person, for the time being, managing or receiving the rent of the land or premises, in comection with which the word is used, whether on the person's ovr'n account or as an agent or trustee of any other. person, or who would so receive the rent is such land and premises were let. and:

ii) a leasee ot occupant of the property who, under the tems of a lease, is required to repair and maintain the properly in accordance with the standards for the maintenance and occupancy of properly

k) "Person" includes a cotporation as well as an individual;

l) "Premises" neans a piece of land and any buildings and structures on it, and includes a place ofbusiness, road, and any other location ofplace;

m) "Provincial Offences Officer" includes ally person who is ernployed or who has entered into a colttract with the Corporation and who has been appointed by by-law by Council to control dogs or any Municipal Law Enforcelnent Officer engaged to enforce by-laws of the Corporation or any Police Offìcer or Police Cadet Officer employecl and/or appointed by the Ontario Provincial

Police ;

Page 39 of 195 n) "Residence" means a room, suite or rooms, or dwelling, including a mobile trailer, operated as a housekeeping unit that is used or intended to be used as a separate domicile by one or more persons, and that normally contains cooking, eating, living, sleeping, and sanitary facilities;

o) "Road" includes a public highway, private road, lane, pathway, and sidewalk;

p) "Utility" means a system that is used to provide a utility service to the public, including water, sewage. electricity. gas. cornmuuications networks and cable services;

q) "Vehicle" includes a motor vehicle, trailer, traction engine, fann tractor, road-building machine, and other vehicle propelÌed or driven other than by muscular power,

r) "Zoning By-Law" I.Ìlealls a by-law passed under section 34 of the Plctnning Act thal restricts the use of land.

s) "Public Fireworks Displøy" means an exhibition of low or highhazard recreational Fireworks in an open ail assembly, occupancy to which the public is invited or admitted, with or without a fee beir-rg charged.

t) "Consu.mer.fírewor,/¿s" means an outdoor,low hazard, recreational firework that is classed as a subdivision 1 of Division 2 of Class 7 Fileworks under the Act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, and volcanoes, but does not include sparklers, Christmas crackers, and caps for toy guns containing not in excess of twenty-five one-hundredths of a grain of explosive usecl per cap,'

u) "Display Fireworks" means highJ-razard tìrework articles designed f'or use by professionals. These arlicles include items such as aerial sl-rells, cakes, roman candles, waterfalls, lances ancl whe els.

2. GENBIìAL NOISE REGULATIONS

(2 1) No persort shall make, cause or pernrit to be made, either on a highway or elsewhere ir-r the Municipality. any Llunecessary uoise or Lulnecessary sounds which clisturbs the quiet, peace, rest, enjoyn-tent, comf'oft or couvenience olany persoll ol'is the result of ar-iy activities clescribecl in Schedule "A" and that is audible to:

a) a person in a pret.nises or vehicle other than the prer-nises or vehicle from which tl-re . noise rs orieiurting: or

b) a person iu a resiclence other tl-ran the residence fiom which tl-re noise is originating.

(2.2) No person shall set off any Fireworlcs on any public street or roaclway within the Township of Minclen Hills at ar-iy time.

(2 3) Consumer .fireworhs within the geographical Township of Minden Hills do not require a penr-rit and are only permittecÌ on the followrng:

(a) New Years Eve - between dusk and 1 AM;

(b) Canada Day - between dusk and i I p.m. the weekend prior to Canada Day, the weekend directly following Canada Day or on the day of Canada Day.

3. PERMTTS FOR THE DISCHARGE OF PUBLIC AND DISPLAY FIREWORKS

(3.1) Every application for a Pennit to discharge Pu.blíc or Display.fireworks, for days other than those stated in Section 2.3, shall be rnade to the Fire Chief upon such application fonn as may be issued by the Fire Chief frorn tirne to time.

4 \'ÐNDOIì.S SEI,I-ING CONSIjN Í]II.. DISPLA\'OR I'UBLIC F-III.EWOI{.KS - POS'I'EI) _ CONSPICTJOTJS Iì,ACE

('+.i) A cop3'' of SectÍon 2. Ceneral trì.egulaticrns of this tr_v-ìau,. sh¿rtrl bc- postod in a cotispicuous placc L¡poll any' Premisos w,here firervorks ato sold.

Page 40 of 195 5. PUBLTC COMPLAINT PROCESS/ENFORCEMENT

(5 1) A cor,rplaint fonn, supplied by the Municipal by-law deparlrnent, must be completed, in full, by any member of the public wl-ro has witnessed a general noise violation

(5.2) Any complaint form, not completed in their entirety, will be considered to be incomplete.

(5.3) Any rnernber of the public completing a conplaint forms acknowledges that their presence in courl rnay be required.

(5.4) Nothing herein shall be deemed to limit the ability of the Ontario Provincial Police to enforce this by-law at ar-ry time.

6. EXEMPTIONS

(6.1) The Provisions of this By-law shall not apply to police, fire, ambulance or other emergency vel-iicle proceeding to an emergency.

(6.2) The prohibitions described in Schedule "4" do not apply if the noise is the result of

measures undeftaken in an erlergency for the :

a) iml. ediate liealth, safety. or welfare or the inhabitants. or

b) preservation or restoration or property, unless the noise is clearly of the longer cluration or of a more disturbing natuie than is reasonably necessary to deal with the eme rgellcy.

(6 3) The Prohibitions clescribed in Schedule "A" do r-rot apply if the noise is the result olany of the activities clescribed in Schedr,rle "B."

7. SCHEDULES

(7.1) The Follor,ving Schedurle are attached and fbm part of this by-Jaw:

a) Schedule "4" - General Noise Prohibitions;

b) Schedule "8" - Exemptions tiom Noise Prohibitions; ((Crr c) Scheclule - Shorl fon-n wording & set fines under The Provincial Ofïences Act Part I.

8. PENALITY PROVISIONS

(8 I ) Any person who contravenes the provisions of this by-law is guilty of an offence and, upon conviction, is subject to a fine as plovided ínIhe Provincial O.ft'ënces Act and to any other applicable penalties.

(8 2) If this by-law has been contravened and a conviction entered, the court in which the conviction has been entereci and any other couft of con-tpetent jurisdiction thereafter may, in adclition to any other remedy anci to any penaity that is ir-nposed, make an Order prohibiting the contiuuatiol or repetition of the offence by the persotl convicted.

9. PERMTTS FOR THE DISCHARGE OF PUBLIC AND DISPLAY FIRE\ryORKS

(9.1) Every application for a Pennit to discharge Public or Display fireworks, for days other than those stated in Section 2.3, sl-rall be made to the File Chief upoll such applicatior-r fon¡ as rnay be issued by the Fit e Cl'rief from time to time.

10. SEVERABILITY

(10.1) If a coufi of competent jurisdiction declares any provisions, or any part of a provision, of tliis by- law to be invalid, or to be of no force and effect. it is the intention of council in enacting this by-law tl-rat each ancl every provision of this by-law authorized by law be appliecl and enforced in accordance with the terms to the extent possible according to law.

Page 41 of 195 1I. REPEALS

(11.1) THAT By-laws 03-32 and 05-95 of the Corporation of the Township of Minden Hills are hereby rescinded.

12. EFFECTIVE DATE

(12.1) This By-law shall come into force and effect on the date of passing.

READ A FIRST, Second and Third time and finally passed this 26th day of September, 2013

Reeve

O/Clerk

Page 42 of 195 Schedule "4" to Bv-law No. 13-54

Genera I Noise prot-riUition,

1 . Operations of a motor vehicle or motorized snow vehicle in a race.

2. Operation of a motor vehicle in such a way that the tires squeal.

3. Operation of a combustion engine or pneumatic device without a muffler.

4. Operation of any item of construction equipment without a muffler.

5. Operation of a vehicle in a nanner that results in banging, clanking, squealir-rg or similar sounds

6. Operation of the horrl of a vehicle or other waming device except where required or authorized, or in accordance with good safèty practtce.

7. Operation of any outdoor auditory sigualing device, including but not lirnited to outdoor paging systelns. the ritrging ol bells or gorlgs, the use of sirens, whistles or chimes, or the production, reproductiotr or amplifìcation ol any similar souncls by electrorric nreaus except where required or aLrthorized by law or in accordance with good safety practrce.

B. Persistent barking or callins made by household animals and birds.

9. Unusual. excessive, unwanted, cìistur-bing noise by shouting, yelling or arrplifìed sound.

10. Loud luusic that is of such a voluure or nature that it is likely to disturb; or carì easily be heard by an indiviciual who is not on the same prernises.

I L Pernlitting unusual. excessive unwanted, clisturbing noise froln the discharge of hreworks.

1 2. Setting off Fìreworks on days other than permittecl.

Page 43 of 195 Schedule "8" to By-law No. 13-54

Exernptions from the Noise Prohibitions

1. Operation of emergency vehicles.

2. Operation olmunicipal service vel-ricles and related equipment.

3. Operation of utility service vehicles and related equipment.

4. Bicycle races.

5. Midways that have been authorized by the Municipality.

6. Circuses that have beelt authorized by tlie Mr-uricipality.

7. Races, parades. processions. and events fbr ceremonial, religiours or traditiclnal purposes that have been authorized by the police.

8. Operation of bells. chirres, carillons and clocks in churches and pr-rblic buildings.

9. Cultural, recreational, eclucational ancÌ political events in parks and othel public places.

10. Neighborhood events on municipal highways and other r-nunicipal property that have Ì:een authorized by the Murricipality.

1 1. Agricultural activities on agricultural properties.

12. The provisions of this by-law sl'rall not apply to Municipal Events

T3. "Construction" work, which includes erection, alteration, repair, disrnantling, demolition, structural maintenance, paintiug, rnoving, land clearing, earlh moving, $ading, excavatior-t, blasting and detonation of explosive devices other than fir'ewolks, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipmer-rt installation and alteration and the structural installation of construction components and lnaterials in any fonl or for any purpose, and includes any associated or related work, is exernpt between the hours of 7 AM until 7 PM.

Page 44 of 195 Schedule "C" to By-law No. 13-54

Set Fine Schedule

THE CORPORATION OF THB TOWNSHIP OF MINDEN HILLS

PART I Provincial Offènces Act

By-law #13-54, to Regulate Noise withir-i the Township of Minden Hills

lTr-tM SI_IORT FORM PROVISION SET FNE WORDING CREAI'ING OR DEFINING OFFENCE Permitting unursual, excessive urrr.l,a nted. disturbing noise fì-om Section 2.1. Schedule s500.00 combustion engine. no A(3) n-iufïler 2 Permittiug unusual, excessive unwanted. distLrrbing noise frorr Section 2.1. Scl-redule ss00.00 constructron equ rpment, A(4) ruo muffler J Pemlitting unusual, excessive unwantecl, clisturbing noise fì-on't Section 2.1, Schedule s500.00 horn of vehicle or A(6) warnir-rg device 4 Penlitting unusuai, excessive unwantecl, disturbing noise from Section 2.1, Schedule $s00.00 ringing bells, gongs, A(7) sirens. whistles 5 Permitting urlusual, excessive unwanted. disturbing noise from Sectiorr 2.1 , Schedule ss00.00 barking dogs A(B) 6 Perrlitting unLrsLral, excessive ultwanted, clisturbing noise liom Section 2.1 . Schedr"rle s500.00 shouting, yelling or A(e) an-rpiified sound 1 Pen-nitting loud rnusic that is of such a volume or nature that Section 2.1, Schedule s500.00 it is likeiy to clisturb; A(10) or call easily be heard by an individual who is not on the sarìe premtses.

8 Penr-ritting unusual, Section 2.1. Scheclule s500.00 excessive unwanted, A(11) disturbing noise from tl-re discharge of f'rreworks. 9 Setting off of- Consumer Section 2.3 (a)(b) $s00.00 Fireworks ou days other Scl.redule A(12) than permitted. 10 Vendol Failed to post Section 4 $s00.00 General Regulations 11 Fail to obtain a penrit Section 3 fbr the discharge of' s500.00 display or public f-rreworks

Note: The penalty plovision for the offer-rces indicated above is Section 7 of By- Law No. 13-54, a cerlified copy of which has been filed,

Page 45 of 195 Noise Complaint Form

DATE RECEIVED IN OFFICE: llitness

Nanre:

91 1 Address

Mailing Address:

Phone Nunl

Cell Phone Number

Did w,itness violation o.f'General Noise ReguluÍions:

Name:

911 Address

Location at the above 9l I adclress:

Type of occurrence:

Date of occurrerlce :

Time of occurrence

Declarcttion:

hereby cleclare that the above infonr-ration is true and genuine to the best of ny knowleclge. I unclerstand that any false content will lead to cancellation of the complaint

Print Name of Complainant

Print Mailing Address & Phor-ie Number

S ignature of Con-tplainant

Page 46 of 195 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS

BY-LAW NO. 14-10

Being a by-law to amend By-law 13-54 - Township Noise By-law

WHEREAS The Township of Minden Hills passed By-law No, 13-54 - Noise By- law at its Regular Council Meeting on September 26,2013

AND WHEREAS The Ministry of the Attorney General's Office have provided the Township with recommended changes to the By-law

NOW THEREFORE, The Council of The Corporation of the Township of Minden Hills amends By-law No. 13-54 with the following changes.

1. Section 3.1 is changed to Section 3.2

2. Section 3.1 now reads, "No person shall discharge or permit the discharging of display or public fireworks on prohibited days without a permit."

3. Schedule C, ltem 1 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from combustion engine, no muffler," and now is "noise from combustion engine, no muffler."

4. Schedule C, ltem 2 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from construction equipment, no muffler," and now is "noise from construction equipment, no muffler."

5. Schedule C, ltem 3 shorl form wording was "Permitting unusual, excessive, unwanted disturbing noise from horn of vehicle or warning device," and now is "noise from horn of vehicle or warning device."

6. Schedule C, ltem 4 short form wording was "Permitting unusual, excessive, unwanted disturbing noise from ringing bells, gongs, sirens, whistles," and now is "noise from ringing bells, gongs, sirens, whistles."

7. Schedule C, ltem 5 shor.t form wording was "Permitting unusual, excessive, unwanted disturbing noise from barking dogs," and now is "noise from barking dogs."

8. Schedule C, ltem 6 shorl form wording was "Permitting unusual, excessive, unwanted disturbing noise from shouting, yelling or amplified sound," and now is "noise from shouting, yelling or amplified sound."

L Schedule C, ltem 7 shorl form wording was "permitting loud music that is of such a volume or nature that it is likely to disturb; or can easily be heard by an individual who is not on the same premises," and now is "permitting loud music at volume or nature likely to disturb; or be heard by a person not on the same premises."

l0.Schedule C, ltem 8 short for wording was "Permitting unusual, excessive, unwanted disturbing noise from the discharge of fireworks," and now is "noise from the discharge of fireworks."

1'1.The letters (aXb) have been removed from Schedule C, ltem 9, "provision creating or defining offense" column.

12.The last line of Schedule C was "Note: The penalty provision for the offences indicated above is Section 7 of By-law No. 13-54, a certified copy of which has been filed," and now says, "Note: The penalty provision for

Page 47 of 195 the offences indicated above is section I of By-law No. 13-54, a cerlified copy of which has been filed."

READ A FIRST, sEcoND AND THIRD TIME, passed and signed and the Corporate Seal attached hereto, this 30n day of January, 2014. Çt¿*ru,"¿ Reeve

O/Clerk/EDO

Page 48 of 195 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: May 14, 2020

Subject: Report #20-025 Planning PLSRA2020019 Application to Purchase a Portion of Shore Road Allowance on Little Boshkung Lake – Giroux

Report Purpose: The purpose of the report is to request direction from Council to proceed with an application for the closure and conveyance of the unflooded portion of the sixty-six foot original shoreline allowance for a road.

Background: Part Lot 12, Location Concession 13, Description: Geographic Township of Minden Official Plan Waterfront Designation:

Zoning By- law 06-10, as Shoreline Residential amended (SR) Zone Zone:

Crest Drive Access: (Private Road)

Page 1/3

Page 49 of 195 Analysis of Planning Issues: The application to purchase a portion of the Shore Road Allowance abutting the subject property appears to conform to the intent of the Township of Minden Hills Official Plan. Specifically, Section 3.2.6.1 indicates that original shoreline road allowances may be closed and conveyed to the abutting owners provided that:

Page 2/3

Page 50 of 195  it has no present or potential use as a public waterfront area, harbour, beach, trail, portage, public access to the water, public travel, or any other municipal purpose;  it does not include or affect a significant sensitive environmental, natural, or heritage area, which should be retained by the municipality for protection; and,  it does not contain significant historical or cultural features, which should be preserved on-site. The Township of Minden Hills Policy No. 19 establishes the procedures for an application to close and convey portions of the original shoreline allowance for road. Given that the application appears to be consistent with the Official Plan, the disposition of the lands subject to this application should be processed in accordance with established policies.

Financial Implications: There are no financial implications for the 2020 budget.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation: That Council receive Report #20-025 Planning PLSRA2020019 Application to Purchase a Portion of Shore Road Allowance on Little Boshkung Lake – Giroux as information; And further, that the Planning Department proceed with application PLSRA2020019 in accordance with Policy No. 19, as amended.

Respectfully submitted,

Ian Clendening, MPl. Planner

Page 3/3

Page 51 of 195 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: May 14, 2020

Subject: Report #20-026 Planning PLSRA2020020 Application to Purchase a Portion of Shore Road Allowance on Soyers Lake – Neville

Background: Part Lot 27 & 28, Location Concession 9, Description: Geographic Township of Minden Official Plan Waterfront Designation:

Zoning By- law 06-10, as Shoreline Residential amended (SR) Zone Zone:

Grace Road Access: (Private Road)

Page 1/3

Page 52 of 195 Analysis of Planning Issues: The application to purchase a portion of the Shore Road Allowance abutting the subject property appears to conform to the intent of the Township of Minden Hills Official Plan. Specifically, Section 3.2.6.1 indicates that original shoreline road allowances may be closed and conveyed to the abutting owners provided that:

Page 2/3

Page 53 of 195  it has no present or potential use as a public waterfront area, harbour, beach, trail, portage, public access to the water, public travel, or any other municipal purpose;  it does not include or affect a significant sensitive environmental, natural, or heritage area, which should be retained by the municipality for protection; and,  it does not contain significant historical or cultural features, which should be preserved on-site. The Township of Minden Hills Policy No. 19 establishes the procedures for an application to close and convey portions of the original shoreline allowance for road. Given that the application appears to be consistent with the Official Plan, the disposition of the lands subject to this application should be processed in accordance with established policies.

Financial Implications: There are no financial implications for the 2020 budget.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation: That Council receive Report #20-026 Planning PLSRA2020020 Application to Purchase a Portion of Shore Road Allowance on Soyers Lake – Neville as information; And further, that the Planning Department proceed with application PLSRA2020020 in accordance with Policy No. 19, as amended.

Respectfully submitted,

Ian Clendening, MPl. Planner

Page 3/3

Page 54 of 195 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: May 14, 2020

Subject: Report #20-025 Planning PLSPR2019056 Site Plan Agreement – Luke

Report Purpose: The purpose of this report is to provide Council with further information regarding a proposed Site Plan Agreement for the development of a Commercial/Light Industrial Laundry Facility; and, to recommend approval of a by-law authorizing the Mayor and Clerk to enter into an agreement with the applicant pursuant to the Township of Minden Hills Site Plan Control By- law 14-48.

Background: Part Lot 3, Concession 'A', Location Geographic Description: Township of Minden Official Plan Service and Designation: Business Area

Highway Zoning By- Commercial law 06-10, Exception as amended Fifteen Zone: (C1-15) Schedule 22

Prince Street Access: (Public Road)

Page 1/4

Page 55 of 195 As indicated in Report #20-015 (see attached), the applicant is proposing to develop a Commercial/Light Industrial Laundry Facility in accordance with the proposed Site Plan shown in Figure 1 and the Aerial Image. The subject property is currently vacant land located at the southwest corner of Prince Street and Booth Street and measures approximately 0.14 ha. (0.35 ac.) in area. The development proposal consists of a 300 m2 (3,229.2sq.ft.) building accompanied with nine (9) parking stalls. A row of trees are provided along the north lot line as a means of softening the view of the building from the neighbouring residential properties. Although the applicant proposed an alternative site plan which would have re-directed drainage from the property to an existing channel on the abutting property to the south, an agreement with the abutting property owner under the Drainage Act was ultimately not possible. Accordingly, the proposed site plan maintains the pattern of drainage to the existing ditch along Prince Street. Figure 1 – Proposed Site Plan

As identified in Report #20-15, Staff are recommending that the developer incorporate pedestrian linkage by way of sidewalks, which would be secured through a Cost Sharing Agreement. A 50% sharing arrangement has been proposed to recognize the benefit to the broader area. Based the Township’s Roads Superintendant cost estimates, a sidewalk along the property’s frontage on Booth Street would be ~$5,800 (41.5m² @ $140/m²), and the proposed agreement establishes an upset limit for the applicant of $3,500 to cover 50% of this amount. A sidewalk exists on Prince Street which currently terminates at the intersection with Booth Street. In accordance with the Planning Act and the Township’s Parkland Dedication By-law, the proposed development would be subject to cash-in- lieu of parkland in the amount of $500.

Page 2/4

Page 56 of 195 Page 3/4

Page 57 of 195 Financial Implications: There are no financial implications for the 2020 budget.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation:

That Council receive Report #20-027 Planning PLSPR2019056 Site Plan Agreement; And further, that Council adopt By-Law #20-56 authorizing the Mayor and Clerk to enter into a Site Plan Agreement with Sharon Lee Luke.

Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments:  Report #20-015 Planning PLSPR2019056 Site Plan Agreement  Storm Water Management Plan & Proposed Site Plans  By-law No. 20-56  Draft Site Plan Agreement

Page 4/4

Page 58 of 195 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: February 13, 2020

Subject: Report #20-015 Planning PLSPR2019056 Site Plan Agreement

Report Purpose: The purpose of this report is to provide Council with information regarding a proposed Site Plan Agreement for the development of a Commercial/Light Industrial Laundry Facility; and, to recommend approval of a by-law authorizing the Mayor and Clerk to enter into an agreement with the applicant pursuant to the Township of Minden Hills Site Plan Control By-law 14-48.

Background: Part Lot 3, Concession 'A', Location Geographic Description: Township of Minden Official Plan Service and Designation: Business Area

Highway Zoning By- Commercial law 06-10, Exception as amended Fifteen Zone: (C1-15) Schedule 22

Prince Street Access: (Public Road)

Page 1/7

Page 59 of 195 The applicant is proposing to develop a Commercial/Light Industrial Laundry Facility in accordance with the proposed Site Plan shown in Figure 1 and the Aerial Image. The subject property is currently vacant land located at the southwest corner of Prince Street and Booth Street and measures approximately 0.14 ha. (0.35 ac.) in area. The development proposal consists of a 300 m2 (3,229.2sq.ft.) building accompanied with nine (9) parking stalls. A row of trees are provided along the north lot line as a means of softening the view of the building from the neighbouring residential properties.

It is noted that Booth Street continues to develop with recent severances for commercial lots and the development of the Veterinary Clinic.

Page 2/7

Page 60 of 195 Page 3/7

Page 61 of 195 Figure 1 – Proposed Site Plan

The lands are subject to the provisions of the Township of Minden Hills Site Plan Control By-law (By-law No. 14-48). Given the extent of the development, the applicant must enter into a Site Plan Control Agreement with the Township of Minden Hills. Stormwater management has been controlled for by way of an underground system to accommodate the retention of storm flows and addresses both quantity and quality. As drainage in this area is conveyed by way of ditches rather than deeper culverts, and because of the design of the underground storage tanks; the proposal consists of raising the grade of the property by ~0.3m. (1') to 0.6m. (1'12") and a 5% driveway slope connecting access to Prince Street (Figure 2).

The Storm Water management report highlights that, while initially intending on outletting stormwater westerly across the neighbouring lands, time constraints concerning registering easements pushed the design to raise the grading to provide cover for the superpipe storage system and ultimately discharge into the drainage ditch located on Prince Street. The applicant has since been advised of the use of an Agreement Drain under the Drainage Act as an alternative to acquiring easements under the Planning Act, and is intends to revise the proposal in accordance with this alternative (Figure 3). The proposed revision would significantly reduce the cost of the project and alleviate the need for the grade differential between the current site and the surrounding properties.

Page 4/7

Page 62 of 195 Figure 2 – SWM Plan Currently Proposed

Figure 3 – SWM Plan Alternative Option

Page 5/7

Page 63 of 195 In accordance with Section 5.18.3 of the Official Plan outlining the General Development Policies,

New commercial development is encouraged to implement the following design requirements:

 Pedestrian linkages will be provided between abutting residential, recreational, institutional and small scale commercial uses;  Access for pedestrians and cyclists should be incorporated in site design; [. . . ]

Additionally, in regards specifically to the Service and Business Area, Section 2.3.3.2(c) states,

Pedestrian and bicycle access and facilities, both along and across Highway 35, with links to and between existing areas and destinations will be a primary consideration in the long term development and redevelopment of the Highway 35 corridor;

As referenced above, the area continues to transform. In reviewing the plans provided, Staff are content with a proposal which does not consist of sidewalk linkages at this time, but are recommending that a clause in the Site Plan Agreement require the Developer to enter into a Cost Sharing Agreement. The Agreement would bind the applicant to a 50% cost sharing for the future installation of sidewalks along the 23 metres of frontage along Booth Street allowing for the continuation of the existing sidewalk network which terminates at the intersection of Booth and Prince. This approach has been utilized previously in order to fairly reflect the demands of servicing the developments while not requiring ‘sidewalks to nowhere’ in the ensuing period between project approval and future development of the area.

For the above reasons, Staff are recommending that the developer incorporate pedestrian linkage by way of sidewalks, which would be secured through a Cost Sharing Agreement. A 50% sharing arrangement has been proposed to recognize the benefit to the broader area. Based on estimates by the Township’s Roads Superintendant, the estimated cost of the sidewalks would be ~$5,800 (41.5m² @ $140/m²), and the proposed agreement establishes an upset limit for the applicant of $3,500.

The lands are subject to the provisions of the Township of Minden Hills Site Plan Control By-law (By-law No. 14-48). Given the extent of the development, the applicant must enter into a Site Plan Control Agreement with the Township of Minden Hills. It is Staff’s opinion that the proposed development represents good planning, and are recommending a provision in the Site Plan Agreement requiring a Cost Sharing Agreement with an

Page 6/7

Page 64 of 195 upset limit of $3,500 to cover 50% of the costs of constructing a sidewalk in front of the applicant’s property.

Financial Implications: There are no financial implications for the Draft 2020 budget.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation:

That Council receive Report #20-015 Planning PLSPR2019056 Site Plan Agreement; And further, that Council adopt By-Law #20-26 authorizing the Mayor and Clerk to enter into a Site Plan Agreement with Sharon Lee Luke.

Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments:  Storm Water Management Plan & Proposed Site Plans  By-law No. 20-26  Draft Site Plan Agreement

Page 7/7

Page 65 of 195 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS

SITE PLAN AGREEMENT

BETWEEN: SHARON LEE LUKE (Hereinafter called the “Owner”)

- and -

THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS (Hereinafter called the “Township”)

WHEREAS, the lands affected by this Agreement described in Schedule “A" attached hereto, and are hereinafter referred to as the “Said Lands”;

AND WHEREAS, the Owner proposes the development of a 300 m2 (3,229 sq.ft.) Commercial/Light Industrial Laundry Facility (hereinafter referred to as the “Project”) on the Said Lands; and has requested the Township to approve the said development pursuant to the provisions of By-law 14-48,

AND WHEREAS as a condition of approval of the Project the Township requires the Owner to enter into this Agreement with the Township;

NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows:

1. SCHEDULES

The following Schedules are attached hereto and form part of this Agreement:

1.1. SCHEDULE “A” being a description of the Land affected by this Agreement.

1.2. SCHEDULE “B” being a schedule indicating the financial obligations of the Owner payable upon execution of this Agreement or as otherwise noted and the amount of the Financial Security as herein after defined in Section 10 to be obtained and filed with the Township by the Owner upon execution of this Agreement or as otherwise noted.

1.3. SCHEDULES “C”, “D”, “E”, and “F” being the schedules (referred to as the “Site Plans”) setting out the development obligations and specifications of the Owner relating to the Said Lands.

2. SITE PLAN DRAWINGS

2.1. Following execution of this Agreement by the Township, the Owner shall at its expense complete all the services and works, including, without limiting the generality of the foregoing, water and sanitary servicing, stormwater servicing, grading, drainage and asphalt paving, concrete curbs, lighting, sodding and landscaping, required in this Agreement, in substantial conformity with the Site Plans or any amendments thereto or new drawings which may be mutually agreed upon by the parties, in a manner satisfactory to the Township in accordance with the Township’s standards and design specifications and shall properly maintain all such services and works at all times.

2.2. The Township hereby approves the following Schedules which are available for inspection at the Planning and Building Department (7 Milne Street, Minden) and shall form part of this Agreement:

Page 1 of 12

Page 66 of 195 2.2.1. Schedule “C” Site Plan, prepared by Alicia Kingdon, M.Pl for Marie Poirier Planning & Associates, dated August 20, 2018

2.2.2. Schedule “D” Stormwater Management Plan & Details, prepared by Duke Engineering , with revisions dated December 17, 2019

2.2.3. Schedule “E” Anchor Bolt Plan (Drawing No. A18H0360A AB-1), prepared by American Buildings, dated 8/14/18

2.2.4. Schedule “E” Rigid Frame Elevation: Frame Line 2 3 4 (Drawing No. A18H0360A E-01), prepared by American Buildings, dated 8/14/18

2.2.5. Schedule “E” Endwall Sheeting & Trim Frame Line 1 (Drawing No. A18H0360A E- 04), prepared by American Buildings, dated 8/14/18

3. ACKNOWLEDGEMENT OF PURPOSE

3.1. The Owner acknowledges that the Said Lands is to be used for the purpose of constructing a 300 m2 (3,229 sq.ft.) Commercial/Light Industrial Laundry Facility. The Project shall be designed and constructed in conformity with the Site Plans in accordance with Section 2 of this Agreement.

4. REPRESENTATION AND WARRANTY

4.1. The Owner represents and warrants to the Township that no deviations or changes shall be made from the Site Plans without the written approval of the Township. Should the applicant wish to amend the drawings after the approval date contained in this Agreement, the applicant must make a formal submission to the Township to amend the approved drawings.

5. COMPLIANCE WITH ONTARIO BUILDING CODE

5.1. The Owner acknowledges that compliance with the Ontario Building Code and regulations thereunder is mandatory.

6. PERMITS AND OCCUPANCY

6.1. The Owner agrees that once building permits have been issued, not to permit occupancy of any building or part thereof for which the said building permits were issued, until works are completed in accordance with the requirements of the Ontario Building Code, the applicable zoning by-law and other municipal by-laws, and the water and sewage facilities are operating in accordance with the conditions set down by the Township.

7. COMPLETION OF MUNICIPAL SERVICES AND WORKS

7.1. Following execution of this Agreement by the Township, the Owner shall at its expense complete all the municipal services and works outside of Said Lands, including, without limiting the generality of the foregoing, grading, drainage and asphalt paving, concrete curbs, lighting, sodding and landscaping, required in this Agreement, in conformity with the Site Plans. The Owner acknowledges that the municipal works and services to be constructed and installed pursuant to this Article are outside of Said Lands. The Owner acknowledges and agrees that all municipal services and works required to be installed under this Article are necessary to develop Said Lands and that the Township shall not be obligated in any manner whatsoever to require any other person or party to contribute, directly or indirectly, to the cost of such services and the Owner shall not be entitled to

Page 2 of 12

Page 67 of 195 claim any credit for providing these services with respect to any development charge or other payment required to be made or paid to the Township.

7.2. In the event the Owner fails to install the aforesaid services and works, including landscaping, as required, or having commenced to install the said services and works fails to proceed with reasonable speed, or in the event the services and works are not being installed in the manner required by the Township, upon the Township giving seven (7) days written notice by prepaid registered mail to the Owner, the Township may draw upon all or any part of the appropriate Financial Security (refer to Section 1.2) for its estimate of cost of the services and works in question and may without further notice enter upon Said Land and proceed to supply all materials and to do all necessary work, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the Township’s applicable specifications. If the Financial Security is not sufficient to cover such cost the Township may recover same by action or in like manner as municipal taxes as a charge upon Said Land. It is understood between the parties hereto that such entry upon Said Land shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as an acceptance or assumption of the services and works by the Township. The Owner hereby grants to the Township a right to enter upon Said Lands for the purposes of this Article. In the event that a claim is made against the Township under the Construction Lien Act in respect of any of the services and works required to be performed pursuant to this Agreement, in addition to any other remedy the Township may have, upon the Chief Building Official/Planning Supervisor giving forty-eight (48) hours written notice by prepaid registered mail to the Owner, the Township may, without further notice, draw upon the Financial Security referred to in Section 1.3 for the amount of the claim plus security for costs as provided for in Section 44 of the Construction Lien Act.

7.3. All the services and works required to be done by the Owner shall be constructed in a good and workmanlike manner in accordance with specifications of the Township. Any contract made for the services and works on Said Lands or on public property shall provide that the Chief Building Official/Planning Supervisor or his representative may personally inspect the installation of the said services and works and shall have the power to stop any work in the event that in his opinion the services and works are being performed in a manner which is not satisfactory to the Township. The Owner, at its expense shall repair any damage to streets, curbs, boulevards or other public works, including utilities where damage has resulted from work on the site. The Owner shall also be responsible for removing dirt or debris from public streets where same is a result of works on the site.

7.4. The Owner acknowledges that the Township will carry out any work at the Owner’s expense if, (in the opinion of the Chief Building Official/Planning Supervisor), it is necessary to address any safety concerns and it is required immediately.

7.5. Unless otherwise provided, all works on public lands shall be constructed at the expense of the Owner.

7.6. The Owner shall enter into a Cost Sharing Agreement with the Township of Minden Hills for the installation of sidewalks to be located in front of the Owner’s property on the Township road allowance adjacent to Booth Street at a 50/50 cost sharing allotment with an upset contribution limit by the Owner of $3,500.

8. COMPLIANCE WITH SITE PLAN AGREEMENT

8.1. The Township, by its officers, servants and agents, may enter on Said Lands or any part thereof, and any building(s) erected thereon to ensure the proper compliance herewith, of any works required to be constructed and maintained by the Owner.

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Page 68 of 195 9. DEVELOPMENT SERVICES GUARANTEE

9.1. The Owner shall file with the Township a guarantee for the performance of any municipal services and development obligations for the period of one (1) year after the date of completion of the municipal services and development obligations. The guarantee shall be in the form of a Letter of Credit approved by the Township for the estimated total costs for the municipal services and development obligations as set out in Section 2 and the Site Plans. A reduction of the Financial Security set out in Article 10 hereto, by an amount equal to ninety percent (90%) of the estimated total costs for the municipal services and development obligations will be granted at completion and the remaining ten percent (10%) shall be returned to the Owner at the expiration of the guarantee period, provided that the Township may draw upon such Financial Security for its estimate of the costs of maintaining, repairing, servicing, replacing such municipal services and development obligations.

9.2. Prior to the expiration of a guarantee period, an inspection of the municipal services and development obligations shall be made by the Chief Building Official/Planning Supervisor and any defects shall be corrected by the Owner. If the inspection of the municipal services and development obligations reveals that they or any part thereof require cleaning, replacement or repair, then this shall be carried out by the Owner forthwith.

10. FINANCIAL SECURITY

10.1. Upon execution of this Agreement the Owner shall file a Letter of Credit in a form satisfactory to the Township in the total amount of $30,687.50 referred to as the “Financial Security” to ensure the proper completion of all services and works referred to in Section 2, including landscaping and sodding. Such security shall be returned to the Owner when the designer provides, to the Chief Building Official/Planning Supervisor, a certificate of completion outlining that the said services and works have been completed in accordance with approved plans and specifications or any changes to them authorized by the Chief Building Official/Planning Supervisor. The landscaping shall be deemed not to have been completed until the expiration of one (1) year after planting.

10.2. The Financial Security referred to in Section 10 hereto shall be kept in full force until the completion of the services and works referred to in Section 2 and if it is obvious to the Township that the Owner will not be able to complete the work prior to the expiry of the appropriate Letter of Credit the Township may draw all or any part of the funds so secured and hold those monies as security to guarantee completion unless it is provided with a renewal of the Letter of Credit forthwith.

11. RETURN OF FINANCIAL SECURITY

11.1. The Township covenants and agrees to return the Financial Security for the aforementioned matters upon notification by the Owner or its agent that all required works for which Financial Security was submitted, have been completed. Upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will reduce said Financial Security by ninety percent (90%) on a proportional basis of the cost of the items based on the values contained in the original Letter of Credit for $30,687.50. The remaining ten percent (10%) shall be held by the Township for a period of one (1) year after the date of final completion in order to ensure compliance with all conditions contained herein.

11.2. The Owner shall provide a statutory declaration to the satisfaction of the Township that all accounts for material, labour and equipment employed for the installation of the site works described in Schedule “B” to this Agreement are paid in full.

11.3. The Owner shall coordinate the release of financial securities and request for inspections in writing through the Chief Building Official/Planning Supervisor.

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Page 69 of 195 12. TAXES AND FEES

12.1. Upon execution of this Agreement, the Owner covenants and agrees to pay all outstanding realty taxes on Said Lands as set out in Schedule “B” of this Agreement and to reimburse the Township for all reasonable legal fees associated with the preparation, execution and registration of this Agreement.

12.2. The Owner shall provide to the Township a payment of $500 for cash-in-lieu of parkland.

13. PARKING AND LOADING

13.1. The Owner agrees to pave with asphalt, concrete or other suitable surfacing material, all parking or loading areas and lanes and driveways and walkways on the Said Lands, to the satisfaction of the Township, where so designated on the Site Plans. No parking or loading areas or lanes or driveways shall be used as such unless they are so paved. The owner further agrees to maintain such asphalt, concrete or other suitable surfacing material to the satisfaction of the Township.

13.2. Loading and/or unloading of goods and materials used for the development, loading and/or unloading associated with moving trucks, or on-site garbage pick- up shall only be permitted between the hours of 7 am and 7 pm on a daily basis. Trucks used for delivery/pick-up of goods to the premises or trucks used for the pick-up of garbage will not be permitted onto the site prior to 7 am in the morning of each calendar day.

14. VEHICULAR ACCESS

14.1. The Owner agrees to provide and maintain vehicular access to and from the Said Lands only as shown on the said Site Plans and to the satisfaction of the Township. The Owner shall prohibit any other vehicular access to and from the Said Lands. No approach ramps and driveways shall be permitted across the untravelled portion of any road allowance owned by the Township unless such approach ramps are paved to the Township’s specifications.

15. ARCHITECTURAL CONTROL

15.1. The Owner covenants and agrees that no rooftop mechanical equipment, such as air conditioners or ventilators, shall protrude from the roof or any other portion of the building unless the design and location thereof, including the screening of such equipment from public view, is approved by the Chief Building Official/Planning Supervisor. The location of rooftop ladders shall also be approved by the Chief Building Official/Planning Supervisor. The Owner agrees to properly maintain all roof-top mechanical equipment so as not to cause noise beyond its normal operating levels. Should there be a noise problem caused by the roof-top mechanical equipment, the Owner will address the problem through proper noise mitigation measures. This shall also apply to ground-mounted mechanical equipment.

15.2. The Owner shall ensure that fully transparent glazing as approved on building elevation drawings attached to this Agreement is not covered with semi-transparent decals, advertising, furniture, shelving, interior walls for display purposes, or any other internal visual obstruction.

16. SITE ILLUMINATION

16.1. The "Owner" agrees that the illumination of the "said lands" or of any buildings or structures located thereon shall be arranged so as to minimize the light affecting adjacent ownerships and the traveling public.

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Page 70 of 195 17. GARBAGE AND WASTE

17.1. Unless otherwise provided, the Owner shall be responsible for the collection, handling, storage and disposal of all garbage and other refuse on the Said Lands and shall provide indoor or covered garbage handling, storage and loading facilities, in conformity with the Site Plans in accordance with Section 2 of this Agreement, all to the satisfaction of the Township. No outdoor storage of garbage and no outdoor storage of garbage bins will be permitted on this property.

17.2. The Owner further agrees to remove garbage and other waste materials from the Said Lands as often as may be required by the the Chief Building Official/Planning Supervisor and the Township Fire Chief.

18. SNOW REMOVAL

18.1. The Owner agrees to remove all snow from access ramps, driveways, parking areas, loading areas and walkways on the Said Lands within twelve (12) hours of the cessation of any fall of snow.

19. STORMWATER MANAGEMENT

19.1. The Owner agrees to install and maintain a system for the disposal of storm and surface water as shown on the Site Plans in accordance with Article 2 of this Agreement and to the satisfaction of the Township Roads Superintendent.

19.2. The Owner acknowledges and understands the implications of the stormwater management strategy as prepared by Duke Engineering and dated August 16, 2019 and as amended, as well as the need for continual maintenance of the approved system. The consultant has confirmed the operation and maintenance requirements for the design prepared by Duke Engineering and dated August 16, 2019 and as amended, and in accordance with Article 2 of this Agreement and to the satisfaction of the Township Engineer.

19.3. The Owner hereby agrees to implement and maintain the proposed stormwater management strategy in accordance with the Site Plans.

20. PROHIBITED SERVICE CONNECTIONS

20.1. No storm or surface water, weeping tile or roof water drainage on the Said Lands shall be connected to or discharged into a sanitary sewer or connection.

21. HOARDING/CONSTRUCTION FENCING

21.1. All hoarding/construction fencing shall be solid and well maintained until final completion of the Project.

22. IMPORTATION/REMOVAL OF FILL MATERIAL

22.1. The Owner shall ensure that any fill materials removed from the subject lands or any materials imported to the subject lands are not contaminated. Any contaminated materials being removed from the subject lands shall be done so in accordance with Ministry of Environment requirements. Any claims with respect to contamination of materials originating from the subject lands in conjunction with this site plan approval will be the Owner’s responsibility.

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Page 71 of 195 23. BLASTING AND MAJOR SITE DISTURBANCES

23.1. The Owner shall ensure that under no circumstances shall any blasting, or any other site disturbances which could be reasonably anticipated to have an impact on the adjacent municipal wells and water treatment, take place without the prior express written consent of the Township.

The Owner acknowledges that in the event of any damage, or disruption, to the Township water supply resulting from such activities, it shall be the sole financial responsibility of the Owner to rectify such damage or disruption.

24. MAINTENANCE OF CLEAN ROADS

24.1. The Owner agrees to maintain the municipal roads abutting the Said Lands clear of mud/or debris originating from construction traffic from the Said Lands through the construction period. Should any mud and/or debris be deposited on any public road in the area from the Said Lands through the construction period, the Owner shall be requested by the Township to clean up the mud and/or debris within a 24 hour period. Should the Township be required to clean the abutting municipal roads of mud and/or debris originating from the Said Lands, the Township will assess all street cleaning charges to the property tax bill of the said lands.

25. OTHER APPROVALS

25.1. The Owner agrees to obtain any necessary approvals or permits from any other Government Ministry, Agency, Authority or any such body which may require approval prior to commencing construction of the Project.

25.2. The Owner agrees that prior to commencing any work to confirm that sufficient wire-line communication/telecommunication infrastructure is currently available to provide communication/telecommunication service of the Project. In the event that such infrastructure is not available, the Owner is hereby advised that he may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the Township sufficient alternative communication/telecommunication facilities are available to the Project to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services.

26. ARCHAEOLOGICAL FINDS

36.1 The Owner agrees that it, or its agents, builders or contractors shall immediately cease work and notify the Ministry of Tourism, Culture and Sport, Archaeology Program Unit, and all First Nations of any discovery of any archaeological resources, including but not limited to artifacts or burials, during development and construction.

The Owner further agrees that if during construction any archaeological or cultural heritage resources (including human remains) are found, that all work shall cease and the Ministry of Tourism, Culture and Sport be notified and only commenced with the Ministry’s and First Nations concurrence.

27. REGISTRATION AND ENFORCEMENT

27.1. The Owner agrees that this Agreement shall be registered against the title to the Said Lands and that the Township will enforce the provisions of this Agreement

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Page 72 of 195 against the Owner of the Said Lands and subject to the provisions of the Registry Act and the Land Titles Act, as amended, against any and all subsequent Owners of the Said Lands.

27.2. All facilities and matters required by this Agreement shall be provided by the Owner to the satisfaction of, and at no expense to, the Township, and shall be maintained to the satisfaction of the Township at the sole risk and expense of the Owner, and in default thereof and without limiting other remedies available to the Township, the provisions of Section 446 of The Municipal Act shall apply.

28. PERMITS

28.1. The Township agrees that upon the Owners complying with the provisions of this Agreement respecting approval of all plans and specifications required herein, to support the issuance of building permits in accordance with the plans subject to payment of the usual permit fees and other fees as are payable under By-laws currently in force in the Township and provided that all building plans comply with the Ontario Building Code and such other Municipal By-laws as may be relevant.

29. LAPSE OF APPROVAL

29.1. In the event the Owner has not completed site works within one year of the date of execution of this Agreement by the Township, then, at the option of the Township, this Agreement shall be null and void and of no effect.

30. INDEMNIFICATION

30.1. The Owner covenants and agrees with the Township on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of any work performed by the Owner or on his behalf in connection with the carrying out of the provisions of this Agreement, or by reason of the Owner's failure to perform any of the works required hereunder.

The Owner further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise as a result of the failure of the Township to carry out any of its obligations under this Agreement or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Owner, or, as a result of the Township entering upon the said lands for the purpose of correcting any default of the Owner, provided that any personal injury or property damage was not caused as result of negligence on the part of the Township, its servants or agents,

31. INTERPRETATION NOT AFFECTED BY HEADINGS

31.1. The division of this Agreement into articles and the insertion of headings are for convenience of reference only and shall not in any way affect the interpretation of this Agreement.

31.2. This Agreement and the provisions hereof do not give to the Owner or any person acquiring any interest in the Said Lands (each hereinafter in this paragraph called "such person") any rights against the Township with respect to the failure of any such person to perform or fully perform any obligation under this Agreement, or the failure of the Township to force any such person to perform or fully perform any obligation under this Agreement, or any negligence of any such person in the performance of the said obligation.

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Page 73 of 195 31.3. The parties agree and acknowledge that the Township has the authority and jurisdiction to enter into, perform and enforce the provisions of this Agreement, including its Schedules. The parties agree that they are forever estopped and forbidden to challenge the appropriateness, legality or enforceability of any of the Agreement’s provisions before a court or tribunal or approval authority for whatever reason.

31.4. If for any reason whatsoever any term, covenant or condition of this Agreement or their application thereof to any Person or circumstance, is to any extent held or rendered invalid, unenforceable or illegal, then such term, covenant or condition is deemed to be independent of the remainder of the Agreement and to be severable and dividable therefrom, and its invalidity, unenforceability or illegality does not affect, impair or invalidate the remainder of the Agreement or any part thereof and it continues to be applicable to and enforceable to the fullest extent permitted by law against any person and circumstances other than those as to which it has been held or rendered invalid, unenforceable or illegal.

32. NOTICES

32.1. Any notice given to the Owner pursuant to this Agreement shall be deemed to have been effectively given when mailed by prepaid registered mail to:

Sharon Lee Luke PO Box 953 1047 Tilley Trail, Minden K0M 2K0

Any notice given to the Township pursuant to this Agreement shall be deemed to have been effectively given when mailed by prepaid registered mail to:

Township of Minden Hills Building and Planning Department P.O. Box 359 7 Milne Street, Minden, ON K0M 2K0

Attention: Chief Building Official/Planning Supervisor

32.2. This Agreement shall be binding upon the Owner and his heirs, executors, administrators, successors, tenants and assigns and the owner or owners from time to time of the Said Lands.

32.3. This Agreement may be amended at any time with the written consent of the Township and the registered Owner of the Said Lands at the time of such amendment.

33. REGISTRATION

33.1. The Owner consents to registration of this Agreement against title of the Said Lands. The Owner further agrees to execute such further and other instruments and documents as may reasonably be required by the solicitor for the Township for the purpose of giving priority of registration to this Site Plan Agreement. Without limiting the foregoing the Owner shall obtain and provide to the Township a postponement of any encumbrance in favour this Site Plan Agreement.

33.2. Unless the contrary intention appears the word “Township” shall include its successors and assigns and the word “Owner” shall include the heirs, executors, administrators, successors and assigns to whom the context can apply according to law and if there is more than one Owner or if the Owner is a female person or

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Page 74 of 195 Corporation, this Agreement shall read with all grammatical changes appropriate by reason thereof and all liabilities and obligations shall be joint and several and shall run with the lands.

SIGNED, SEALED AND DELIVERED, in the presence of:

) THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS ) In the presence of ) ) ) ______) Brent Devolin, MAYOR ) ) ) ______) Victoria Bull, CLERK ) ) We have authority to bind ) The Corporation

) ) ) OWNER(S) ) ) ) ) ______) Name: ) Title: ) ) I have authority to bind ) The Corporation

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Page 75 of 195 SCHEDULE "A"

THIS IS SCHEDULE "A" to the Site Plan Agreement between the Township of Minden Hills and Sharon Lee Luke.

DESCRIPTION:

CON A PT LOT 3 PLAN MINDEN PT LOT 6 E LYONS & PT LOT 6 W SEYMOUR.

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Page 76 of 195 SCHEDULE "B"

THIS IS SCHEDULE "B" to the Site Plan Agreement between the Township of Minden Hills and Sharon Lee Luke.

FEES AND FINANCIAL SECURITIES

A. CASH PAYMENTS: AMOUNT

Current outstanding realty taxes, or business taxes not including supplementary assessment under The Assessment Act. Roll No. 4616-033-000-36800 $ 0.00

Cash-in-lieu of Parkland Fee $ 500

B. FINANCIAL SECURITY AMOUNT

Financial Security to be provided by the $ 30,687.50 Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 10 herein.

SITE WORKS COST ESTIMATE ITEM DESCRIPTION QUANTITY UNITS UNIT AMOUNT PRICE

ROAD WORKS (50% Security Required) 1 Curb $1,500.00 2 Asphalt $ 3,000.00 3 Granular “A” $ 900.00 4 Granular “B” 5 Site Preparation 6 Parking (i.e. Painting, Signage Curb Stops) Total Road Works Security $5,400.00 Total Road Works Security at 50% $2,700.00

SANITARY AND WATERMAIN PIPING SYSTEMS (50% Security Required) 7 Sanitary $ 13,450.00 8 Water $ 8,450.00 Total Piping Security $21,900.00 Total Piping Security at 50% $10,950.00

STORM WATER MANAGEMENT SYSTEM (50% Security Required) 9 Stormwater $ 31,075.00 Total Stormwater Management $31,075.00 Total Stormwater Management Security at 50% $15,537.50

LIGHTING (50% Security Required) 10 Fixtures Total Lighting $0.00 Total Lighting Security at 50% $0.00

LANDSCAPING (100% Security Required) 11 Retaining Wall 12 Screening (Fence, Berm) 13 Walkways/Sidewalks $ 1,000.00 14 Garbage Enclosure(s) 15 Plantings $ 500.00 Total Landscaping Security at 100% $1,500.00

TOTAL SITE WORKS COST ESTIMATE $59,875.00 TOTAL SECURITIES PROVIDED $30,687.50

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Page 77 of 195

STORMWATER MANAGEMENT DESIGN BRIEF

for

Sharon Luke 30 Prince Street Township of Minden Hills County of Haliburton

August 16, 2019

Prepared by Duke Engineering Project No. 18-71-02

Page 78 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Table of Contents

1.0 INTRODUCTION ...... 1 1.1 Scope of Work ...... 1 1.2 Study Area ...... 1 2.0 LAND USE ...... 2 2.1 Pre and Post Development Drainage Patterns ...... 2 2.2 Proposed Development ...... 2 3.0 HYDROLOGY ...... 3 3.1 Water Quality Enhancement ...... 4 3.2 Superpipe Retention Storage ...... 4 3.3 Maintenance and Operation Requirements ...... 5 4.0 EROSION AND SEDIMENTATION CONTROL ...... 6 5.0 CONCLUSIONS AND RECOMMENDATIONS ...... 7 APPENDIX “A” MTO BANCROFT RAINFALL IDF CHART ...... 8 APPENDIX “B” STORM DRAINAGE CALCULATIONS ...... 10 APPENDIX “C” PRE AND POST DEVELOPMENT PLANS (DRAWINGS SWM1 & SWM2) ...... 22

List of Tables

Table 1 – Pre & Post Development Runoff Rate Comparison ...... 3 Table 2 – Pre Development Flow ...... 11 Table 3 – Post Development Flow ...... 11 Table 4 – Resulting Flow Rates ...... 18

Page 79 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

1.0 INTRODUCTION

1.1 Scope of Work

Duke Engineering was retained by Sharon Luke to undertake a stormwater drainage study of her proposed development that includes a ±297 m2 commercial building with associated future paved parking located at 30 Prince Street in the Township of Minden Hills, County of Haliburton.

The purpose of this stormwater management report is to determine what actions, if any, may be required to meet provincial standards set by the Ministry of Environment, Conservation and Parks for stormwater drainage, both in terms of quantity and quality.

1.2 Study Area

The site is situated on Part of Lot 6 east of Lyons Street, Part of Lot 6 West of Seymour Street, Registered Plan No. 1 (Town Plot of Minden), Geographic Township of Minden, in the Township of Minden Hills, County of Haliburton. The subject property is located on the south side of Prince Street, west of Booth Street. The lot is level with no existing building, and consists of a gravel parking area. The subject land covers a total area of 0.142 hectares and the surrounding land use is mixed commercial and residential.

Key Map – Site Location (Haliburton County GIS)

Page 80 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

2.0 LAND USE

2.1 Pre and Post Development Drainage Patterns

The subject property is comprised of a 0.142 ha parcel of land. The pre-development drainage pattern for this property consists primarily of sheet flow overland northwest into an existing roadside municipal drainage ditch on Prince Street. Refer to Drawing SWM1.

The post-development flow will consist of an underground system to accommodate the retention of storm flows and address both quantity and quality. The existing lot is flat and there are no underground municipal storm sewers on Prince Street or Booth Street. We also reviewed the opportunity to drain the site westerly across the neighbouring lands. The property owner was in agreement with a drainage ditch and associated easement; however, we understood the creation and registration of an easement would take in excess of 18 months. As such, it was decided to raise the existing lot to provide cover for the superpipe storage system and allow the proposed stormwater management system to discharge into the existing naturalized municipal drainage ditch located on Prince Street.

2.2 Proposed Development

The proposed development will consist of one ±297 m2 commercial building to be used as a commercial laundromat, with a future paved parking area that will be fronting the proposed building on the east side.

Page 81 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

3.0 HYDROLOGY

In accordance with practical design criteria, the post design flow should not exceed the pre-design flow and any pertinent storage system should be designed to accommodate a 100 year storm event.

To mitigate these potential impacts on the environment, water quality stormwater management best practices will be implemented within the subject land prior to release of surface runoff into the existing municipal drainage system by utilizing an underground superpipe and infiltration trench retention system.

A topographic survey was completed by Greg Bishop Surveying and Consulting Ltd. This survey was used to determine the lot grading and the drainage patterns around the subject property.

The MTO Bancroft District Rainfall Intensity Duration Frequency (IDF) values were used for determining the rainfall intensity related to associated return period events and this data is summarized in Appendix “A”.

The runoff from the proposed development will be directed to a central area of the property that fronts the proposed ±297 m2 building via site grading to a retention system. This retention system will then flow into the exiting municipal ditch located on Prince Street. Grading details are shown on Drawing SWM2.

The Rational Method and Bransby Williams Formula were used to estimate peak flow rates for the 2, 5 10, 25, and 100 year return periods. Bransby Williams Formula calculations are summarized in Appendix “B”. The results indicate an increase in flows for the post development condition. The proposed underground superpipe and infiltration trench retention storage was designed using the entire ±0.142 ha lot area and is centrally located on the property that fronts the proposed building under the parking lot. The retention system will have ample capacity to handle all expected peak runoff up to and including the 100 year storm without impacting neighbouring properties and downstream watercourses.

From the pre-development flow Q100yr = 0.016 m3/s, the rainfall intensity was calculated for the entire subject land with the increased C factor.

Table 1 – Pre & Post Development Runoff Rate Comparison

Return Period Storm Pre Development Post Development Diff. Pre/Post (years) (m3/s) (m3/s) (Increase m3/s) 2 0.007 0.022 +0.015 5 0.010 0.031 +0.021 10 0.011 0.036 +0.025 25 0.013 0.041 +0.028 100 0.016 0.051 +0.035

The future asphalt surface fronting the building will be graded in such a manner as to direct the post development runoff increases for all storm events, including the 100 year regional, to the inlet and then to the underground retention pipe situated under the paved parking area. The proposed underground retention system will have the capacity to handle all expected peak runoff up to and including the 100 year storm without impacting neighbouring properties.

To achieve the required retention, a 450 mm diameter perforated pipe surrounded by a 7.5m wide by 1.7m deep infiltration trench filled with clear stone is to be installed under the parking area and must be a minimum of 18m in length. The stormwater will inlet through two standard catch basins, located in the parking area, prior to entering the storage chamber. All parking area and rooftop drainage is to be directed to these two inlets.

Details of the proposed grading, overland flow routes and stormwater management measures are shown on Drawing SWM2.

Page 82 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

3.1 Water Quality Enhancement

SWM refers to the planning and implementation of techniques to control both quantity and quality of stormwater that is produced on site.

Tools used to achieve stormwater quantity objectives include storage (or peak flow) and volume (or infiltration) controls.

The subject property soil condition is a loam soil that has a low percolation rate. Extended retention storage of stormwater will be achieved by using perforated superpipe storage under the parking area. The superpipe allows for both the quality and quantity of storage objectives to be met, while allowing for infiltration back into the ground.

3.2 Superpipe Retention Storage

As mentioned above, the runoff from the developed portion of the site will be conveyed via site grading to a central area on the east side of the proposed building under the parking lot. The asphalt will be graded in such a manner as to direct all surface stormwater runoff from the developed area to STM MH1 and STM MH2 and underground superpipe retention situated within the parking area. Grading details are given on Drawing SWM2.

Post development runoff increases for all storm events, including the 100 year regional storm, will be attenuated within the superpipe underground retention. Proposed retention storage is detailed on Drawing SWM2 and expected flow rates and storage volume calculations are presented in Appendix “B”. Details of the design are governed by the quality component of the stormwater design as presented below.

The local loam soil condition has a low infiltration potential, making infiltration-based retention storage viable for quality control purposes. Infiltration based storage is also most viable in areas with a low water table. In this case, the water table is expected to be 1.8 m based on a test pit investigation done by Soil Engineering Ltd.

Water quality storage requirements based on receiving waters are given in Table 3.2 of the Stormwater Management Planning and Design Manual, M.O.E, March 2003 (SWM P&D Manual). The table outlines extended detention storage volumes required for the removal of suspended solids from the first flush or minor 25 mm storm event. Volumes within the table are the result of the Rational Method for different levels of post development imperviousness and type of end of pipe stormwater management facility.

Retention volume sizing from Table 3.2 (SWM P & D Manual), based on:  Basic protection level,  Infiltration SWMP type,  55% impervious level, requires 20m3/ha retention storage for a period of greater than 24 hours to reduce sediments. The imperviousness used to calculate the required retention storage for the corresponding drainage area is weighted and takes into account the impervious building envelope and vegetated surfaces. Retention volume calculations are presented in Appendix “B”.

Retention within the underground superpipe stormwater management facility has been designed for quality control purposes. The required retention will be held within the clear stone voids to intercept the first flush of stormwater, retaining it below the outlet pipe by depressing the superpipe. Stormwater will be retained, allowing it to seep into the native soils over a ±24 hour period. It is intended that sediments from the stormwater be retained in the clear stone trench, thereby providing quality control and reducing sediment migration from the development lands. As per Table 3.2 of the SWM P&D Manual, infiltration type stormwater management practices provide approximately 60% removal of suspended solids, which is satisfactory to provide basic protection to the receiving waters. Further details on the retention design

Page 83 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

are shown on Drawing SWM2.

3.3 Maintenance and Operation Requirements

The superpipe will require regular maintenance to remove sediment build up and debris. Inspections of the stormwater management facility will determine the frequency of maintenance required. Inspections should be made by the owner after every significant storm during the first two years of operation to ensure that the facility is operating properly. It is anticipated that this will translate into an average of four inspections per year. After this maintenance period, when the operation of the facility has been confirmed, inspections by the owner are recommended twice a year, in the spring and fall.

Page 84 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

4.0 EROSION AND SEDIMENTATION CONTROL

Erosion and sedimentation control should be implemented for all construction activities within the development site including vegetation, clearing, topsoil stripping, grading and stockpiling of materials. The basic principles considered to minimize erosion and sedimentation and the resulting negative environmental impacts include, but are not limited to:

 Minimize disturbance activities where possible;

 Expose the smallest possible land area to erosion for the shortest possible time;

 Immediately institute erosion control measures as required;

 Reinstate all disturbed areas upon completion of work;

 Confine refuelling and servicing of equipment to areas well away from the drainage system;

 Carry out daily inspections of erosion and sedimentation control measures and repair or maintain as necessary.

Page 85 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

5.0 CONCLUSIONS AND RECOMMENDATIONS

 The existing property with proposed superpipe and infiltration trench will accommodate peak flow for all expected runoff for storm events up to and including the 100 year storm. Flows above the 100 year storm level will be conveyed to the existing ditches located on the south side Prince Street.

 Development of the site will result in increased potential for erosion and subsequent downstream deposition of sediment during construction. However, precautionary measures are available to control and minimize the occurrence of erosion and sedimentation. Prior to the start of construction, it is the responsibility of the developer and/or contractor to install silt fence, rock flow check, straw bale flow checks and silt traps at key locations for sediment control to prevent silt loss into the drainage system and/or body of water. Additionally, the sediment control devices shall be maintained throughout the construction period until paving is completed and vegetation established.

 There will be no impact on neighbouring properties or to the existing stormwater system in terms of stormwater.

 Long term erosion and sedimentation from this facility are expected to be negligible.

 Implementation of the SWM plan described above will provide a mitigative strategy that satisfies the criteria of the M.E.C.P.

Respectfully submitted,

Dan Duke, P.Eng Duke Engineering

Page 86 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

APPENDIX “A”

MTO BANCROFT RAINFALL IDF CHART

Page 87 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

MTO BANCROFT RAINFALL DATA INTENSITY DURATION FREQUENCY VALUES RETURN PERIOD (YEARS)

Duration 2 5 10 25 50 100 (minutes) mm/hr mm/hr mm/hr mm/hr mm/hr mm/hr

5 80 115 135 160 180 200

10 62 82 95 110 125 135

15 52 72 84 100 115 125

30 34 46 54 64 71 79

60 20 28 33 39 44 49

120 12 16 19 23 25 28

360 5.7 7 7.9 9 9.9 11

720 3.2 4.1 4.7 5.4 6 6.9

1440 1.7 2.1 2.4 2.7 3 3.2

Page 88 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

APPENDIX “B”

STORM DRAINAGE CALCULATIONS

Page 89 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Pre Development Flow

For the pre development flow, the longest travel route for the stormwater to cross the property is from the southeast corner to the northwest corner of the existing lands. Refer to Drawing SWM1 and Table 2 – Pre Development Flow for pre development peak flow leaving the subject land.

Table 2 – Pre Development Flow

Weighted C Factor Sub Watershed A B (Items A through B) Onsite / Offsite Onsite Onsite Vegetation- Description Gravel Brush / Trees ID Number 101A 101B Area (ha) 0.016 0.126 0.142 Length (m) 24 Assumed Slope (%) 1.90 C Factor 0.60 0.250 0.29 Time of Concentration 10.47

Notes: Airport Method, for C factors < 0.4

3.26 (1.1 - C) L0.5 Tc= S0.33 Where

C = 0.29 runoff coefficient L = 24 m total length of drainage system

S = 1.90 % average slope

Tc = 10.47 min time of concentration for C factors < 0.4

Post Development Flow

A combined C factor was derived for the proposed development including roof and landscaped areas. Listed below is the combined C factor derived for the site. Refer to Table 3 – Post Development Flow for post development peak flow leaving the subject land.

Table 3 – Post Development Flow

Weighted C Factor Sub Watershed A B C D (Items A through D) Onsite / Offsite Onsite Onsite Onsite Onsite Vegetation- Description Building Paved Concrete Brush / Trees ID Number 201A 201B 201C 201D Area (ha) 0.030 0.049 0.003 0.060 0.142 Length (m) 47 Assumed Slope (%) 0.50 C Factor 0.90 0.90 0.90 0.250 0.63 Time of Concentration 3.74

Page 90 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Notes: Bransby Williams Formula, for C factors > 0.4 0.057 L Tc= 0.2 0.1 Sw × A Where

L = 47 m total length of drainage system

Sw = 0.50 % average slope

Tc = 3.74 min time of concentration for C factors > 0.4

Using Equations of Intensity – Duration Curves developed using the MTO Bancroft Rainfall Data

616.74 푖 = 0.8037 1:2 year return period (푇푐+7.5)

938.86 i= 0.8326 1:5 year return period (Tc+7.7)

1164.66 i= 0.8446 1:10 year return period (Tc+8.2)

1532.50 i= 0.8658 1:25 year return period (Tc+9.2)

1959.30 i= 0.8724 1:100 year return period (Tc+9.4) Using the total of the onsite area.

Pre Development

Area 101A = 0.016 ha Gravel C = 0.60 Area 101B = 0.126 ha Vegetation - Brush / Trees C = 0.250

Total Area = 0.142 ha Weighted C = 0.29

Airport Method, for C factors < 0.4

3.26(1.1-C)L0.5 Tc= for C factors < 0.4 S0.33 Where

L = 24 m total length of drainage system

S = 1.90 % average slope

Tc = 10.47 min time of concentration for C factors > 0.4

Page 91 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Post Development

Area 201A= 0.030 ha Building C = 0.90 Area 201B = 0.049 ha Paved C = 0.90 Area 201C = 0.003 ha Concrete C = 0.90 Area 201D = 0.060 ha Vegetation-Brush/trees C= 0.250

Total Area = 0.142 ha Weighted C = 0.63

Bransby Williams Formula, for C factors >0.4

0.057L Tc= 0.2 0.1 for C factors >0.4 Sw ×A Where

L = 47 m total length of drainage system

Sw = 0.50 % average slope

Tc = 3.74 min time of concentration for C factors > 0.4

Page 92 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Using the total of the onsite area.

Pre Development

Weighted C = 0.29 Length = 24

Sw = 1.90 Area = 0.142

Airport Method, for C factors < 0.4

3.26(1.1-C)L0.5 Tc= for C factors < 0.4 S0.33 Where

L = 24 m total length of drainage system

S = 1.90 % average slope

Tc = 10.47 min time of concentration for C factors > 0.4

Post Development

Weighted C = 0.63 Length = 47

Sw = 0.50 Area = 0.142

Bransby Williams Formula, for C factors >0.4

0.057L Tc= 0.2 0.1 for C factors > 0.4 Sw ×A Where

L = 47 m total length of drainage system

Sw = 0.50 % average slope

Tc = 3.74 min time of concentration for C factors > 0.4

Page 93 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Stormwater Management Detention Volume Calculations

Modified Rational Method

(0.00278×C×A×a)2×b T = ( )-b d √ T Q (0.00278×C×A×a)- (Q2× p) a a 2

2 g×Qa×Tp Qa×Tp Vs=Td×Qp-Td×Qa-Qa×Tp+ + 2 2×Qp

Where

a,b,c = Intensity - duration - frequency (IDF) curve parameters A = Drainage area (ha) C = Post development run off co-efficient g = Ratio of pre / post time to peak i = Rainfall intensity (mm/hr) 3 Qa = Pre development peak flow (m /sec) 3 Qp = Critical storm peak flow (m /sec)

Td = Critical storm time duration (min)

Tp = Post development time to peak 3 Vs = Critical storm detention volume (m /sec x min)

1:2 Year Return Period

a = 616.740 b = 7.500 c = 0.804 C = 0.63 A = 0.142 ha i = 88.22 Post Development i = 60.50 Pre Development

Qa = 0.007 Pre Development

Tp = 3.74 m³/sec

Qp = 0.022 m³/sec g = 2.80 min

Td = 5.89 min

Vs = 0.10 m³/s*min Therefore V = Vs * 60 s/min V = 6.17 m³

Page 94 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

1:5 Year Return Period

a = 938.860 b = 7.700 c = 0.833 C = 0.63 A = 0.142 ha i = 123.41 Post Development i = 83.94 Pre Development

Qa = 0.010 Pre Development

Tp = 3.74 m³/sec

Qp = 0.031 m³/sec g = 2.80 min

Td = 6.45 min

Vs = 0.16 m³/s*min Therefore V = Vs * 60 s/min V = 9.35 m³

1:10 Year Return

a = 1164.660 b = 8.200 c = 0.845 C = 0.63 A = 0.142 ha i = 143.40 Post Development i = 98.29 Pre Development

Qa = 0.011 Pre Development

Tp = 3.74 m³/sec

Qp = 0.036 m³/sec g = 2.80 min

Td = 6.80 min

Vs = 0.19 m³/s*min Therefore V = Vs * 60 s/min V = 11.35 m³

Page 95 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

1:25 Year Return Period

a = 1532.500 b = 9.200 c = 0.866 C = 0.63 A = 0.142 ha i = 166.98 Post Development i = 116.18 Pre Development

Qa = 0.013 Pre Development

Tp = 3.74 m³/sec

Qp = 0.042 m³/sec g = 2.80 min

Td = 7.50 min

Vs = 0.24 m³/s*min Therefore V = Vs * 60 s/min V = 14.34 m³

1:100 Year Return Period

a = 1959.300 b = 9.400 c = 0.872 C = 0.63 A = 0.142 ha i = 207.12 Post Development i = 144.37 Pre Development

Qa = 0.017 Pre Development

Tp = 3.74 m³/sec

Qp = 0.051 m³/sec g = 2.80 min

Td = 7.70 min

Vs = 0.30 m³/s*min Therefore V = Vs * 60 s/min V = 18.21 m³

Page 96 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Table 4 – Resulting Flow Rates

Return Period 1:2 Year 1:5 Year 1:10 Year 1:25 Year 1:100 Year a 616.740 938.860 1164.660 1532.500 1959.300 b 7.500 7.700 8.200 9.200 9.400 c 0.804 0.833 0.845 0.866 0.872 Post Dev C 0.63 0.63 0.63 0.63 0.63 Pre Dev C 0.29 0.29 0.29 0.29 0.29 A (ha) 0.142 0.142 0.142 0.142 0.142 Post Dev i 88.22 123.41 143.40 166.98 207.12 Pre Dev i 60.50 83.94 98.29 116.18 144.37 Pre Dev Q 3 0.007 0.010 0.011 0.013 0.017 (m /sec) Pre Tc 10.47 10.47 10.47 10.47 10.47 Post Dev Q 3 0.022 0.031 0.036 0.042 0.051 (m /sec) Post Tc 3.74 3.74 3.74 3.74 3.74

Page 97 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Superpipe and Infiltration Trench Retention Storage

Runoff from the developed portion of the site will be conveyed to the north and west sides of the site via site grading. The grass and concrete surfaces surrounding the building will be graded in such a manner as to direct all surface stormwater runoff from the developed area to existing ditches and the underground superpipe retention system situated centrally on the lot, east of the proposed building under the parking area. Grading details are given on Drawing SWM2.

Infiltration Trench: V A = Area of Trench = 1000 × Pn×∆t Where

V = runoff volume to be infiltrated; 1:100 year P = percolation rate of surrounding native soil N = 0.4 (porosity for clear stone) ∆t = 24 h (retention time)

Therefore

V = 18.21 m³ P = 15 mm/h N = 0.4 porosity for clear stone ∆t = 24 h

A = 126.47 m²

The bottom of the trench must be a minimum of 126.72 m².

Maximum allowable infiltration trench depth:

Dmax=P×T Where

P = 15 mm/h (minimum percolation rate) T = 24 h (drawdown time)

Dmax = 0.36 m

Page 98 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Outlet Flow From Infiltration Trench Housing Superpipe Storage

P Q=f× ( ) ×(2LD+2WD+LW)×n 3,600,000

V=LWD×n×f

Where f = 0.5 longevity factor P = 15 mm/h native soil percolation rate L = 18 m total length of the infiltration trench W = 7.5 m width of the infiltration trench D = 0.7 m depth of water in the infiltration trench (*) n = 0.4 percolation rate

Q = 0.000113 m3/s V = 18.90 m3

Note: The water table is assumed to be 1.8m and the depth of the clear stone infiltration trench has been set at 1.7m deep.

A 200mm perforated pipe will be used at 0.5% slope to promote exfiltration. Clear stone (50 mm) will be used for pipe bedding surrounded with non-woven filter fabric to prevent the native soil from clogging the voids.

Exfiltration Flow:

Qexf=(15A-0.6S+0.33)×Qinf

Where

Qinf = 0.5 m³/s outlet flow from infiltration trench f = 0.056 longevity factor A = 0.005 m2/m area of perforations per metre of pipe S = 0.053 % slope of pipe

Qexf = 0.0620 exfiltration flow through pipe perforations

Page 99 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

Culvert Calculations

Inlet Control Q = 0.051 100 year flow From Chart 2.32, HW/D = 0.90 for projecting Utilizing a 300 mm diameter CSP Therefore, HW = 0.270 m The 450mm diameter culvert will handle a 100 year storm.

Outlet Control Q = 0.051 100 year flow From Chart 2.35: 300 mm diameter CSP Therefore, H = 0.160 m Therefore, the superpipe will be oversized by using a 450 mm x 18.0 m perforated pipe.

Page 100 of 195 SWM Design Brief - 30 Prince Street Project No. 18-71-02 Sharon Luke August 2019

APPENDIX “C”

PRE AND POST DEVELOPMENT PLANS (DRAWINGS SWM1 & SWM2)

Page 101 of 195 1768509 Ontario Inc. O/A DUKE ENGINEERING 48 King William Street - Unit 4 Huntsville, Ontario P1H 1G3 P. 705.787.0007 [email protected]

Page 102 of 195 Page 103 of 195 of 103 Page

EX. 60.60 + DUKE ENGINEERING Huntsville, Ontario P. 705.787.0007 P1H 1G3 [email protected] 48 King William Street - Unit 4 1768509 Ontario Inc. O/A PROJECT NORTH: Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: May 14, 2020

Subject: Report #20-028 Planning Acceptance of Land to Break a Consent - Melymuk & Thome

Report Purpose:

The purpose of this report is to inform council with respect to a request that the Township of Minden Hills accept certain lands in order to ‘break’ a former consent and allow for the lands subject to severance application H- 019/19 to merge with the adjacent properties.

Background: Property Details Part Lot 11, Location Concession 5, Description: Geographic Township of Minden Official Plan Waterfront Designation: (Schedule ‘A’)

Zoning By-law 06-10, as Shoreline Residential amended (SR). Zone:

Curtiss Road (Public Access: Road)

Page 1/3

Page 104 of 195 Property subject to Severance H-019/19

Property created through Severance H-244/80

Page 2/3

Page 105 of 195 By the Township accepting title to Part 3 of Plan 19R-10374, being a small strip of land adjacent to Curtiss Road, the remainder of the lot would no longer be the same parcel of land created through prior severance H-244/80 and would permanently merge with the severed lands subject to H-019/19 as intended in the application. Absent this ‘breaking’ of consent H-244/80, the property could subsequently be sold independently thereby leaving the significantly undersized severed lands subject to H-019/19 to exist on their own.

Financial Implications: There are no financial implications for the 2020 budget.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation: That Council receive Report #20-028 Planning Acceptance of Land to Break a Consent – Melymuk & Thome as information; And further, that By-law No. 20-59 be referred to the By-law Section of the Agenda to accept a section of land from the applicant in order to ‘break’ the consents associated with severance File Numbers 0244/80.

Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments  Survey  Draft By-law 20-59

Page 3/3

Page 106 of 195 Page 107 of 195 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: May 9, 2019

Subject: Report #19-027 Planning PLOCC2019006 Agreement for a License of Occupation

Report Purpose:

The purpose of this report is to inform Council of an application to transfer an existing license of occupation for a dock located on the shoreline road allowance adjacent to Chambers Road.

Background:

Part Lot 15, Location Concession 12, Description: Geographic Township of Minden

Official Plan Waterfront Designation:

Zoning By- law 06-10, as Shoreline amended Residential (SR) Zone:

Chambers Road Access: (Public Road)

Page 1/3

Page 108 of 195 The Township of Minden Hills received a request for to transfer a license of occupation as a result of the recent passing of the family member who’s name the license was under. Previously Report #19-027 Planning PLOCC2019006 Agreement for a License of Occupation highlighted the issue of the long existing dock and the deeded access over the neighbouring property, as allowed under the Township’s Policy 45.

Page 2/3

Page 109 of 195 Figure 1 – Survey Illustrating Property and Access

Deeded Access Over Neighbouring Property

Property Subject to Easement

Applicant’s Property - Property Benefitting from Easement (Deeded Access)

Financial Implications: There are no financial implications for the 2020 budget.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation: That Council receive Report #20-029 PLOCC2019006 Transfer of License of Occupation as information; And further, that By-law No. 20-57 be referred to the By-law Section of the Agenda to enter into a License of Occupation with Kris Braiden & Peter Mason.

Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments:  By-law No. 20-57  Draft Agreement

Page 3/3

Page 110 of 195 THIS LICENSE OF OCCUPATION AGREEMENT BETWEEN:

THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS

hereinafter called the “Licensor”

- and – KRIS BRAIDEN & PETER MASON

hereinafter called the “Licensee”

WHEREAS, the Licensee is the registered owner of Lot 6, Concession 4, of the geographic Township of Minden, now in the Township of Minden Hills, herein called the “principal property”;

AND WHEREAS, pursuant to section 26 and 30 of the Municipal Act, S.O. 2001, c.25, herein after called the “Act”, there is vested in the Licensor that portion of the original shore road allowance across the road and in front of Lot 15, Concession 12, in the geographic Township of Minden, now in the Township of Minden Hills, on which the “Licensee” proposes to recognize an existing dock hereinafter referred to as the “improvement”, owned by Kris Braiden & Peter Mason and shown on the measured drawing attached as Schedule “A” to this Agreement;

AND WHEREAS, the Licensor has agreed that the use, occupation and maintenance of the aforesaid improvements may continue in accordance with the terms of this agreement and that the Licensee may use that portion of the original shore road allowance across the road and in front of Lot 15, Concession 12, of the geographic Township of Minden, now in the Township of Minden Hills, listed under property assessment roll number 4616-032-000-81600-0000 only in conjunction with said improvements;

AND WHEREAS, the Licensor has agreed that the use, occupation and maintenance of the aforesaid improvements may continue in accordance with the terms of this agreement and that the Licensee may use that portion of the original shore road allowance in accordance with the location, layout and dimensions of the said improvements identified on Schedule “A”;

NOW THEREFORE, in consideration of the mutual covenants and obligations hereinafter set forth, the parties hereby agree to and with each other as follows:

1. The Licensor hereby grants to the Licensee permission and authority to enter upon, use, occupy and maintain said Part of Lot 6, Concession 4, in the geographic Township of Minden now in the Township of Minden Hills in conjunction with the aforesaid improvements. 2. The Licensee will forward to the Clerk of the Township of Minden Hills, a Liability Insurance Policy naming the Township of Minden Hills as an additional insured party for the purpose of this Licence. The insurance coverage shall be a minimum of Five Million Dollars ($5,000,000.00), and shall contain a notice of cancellation clause such that the provider will advise the Township within 15 days if the insurance coverage is cancelled. 3. This licence shall commence on the date of execution thereof by the parties hereto and shall remain in effect until the earlier of any of the following events: (a) The Licensor terminates this licence in accordance with paragraph #5 thereof; (b) The Licensee dispose by deed or otherwise, the principal property; (c) Upon the expiration of 20 years from the date of this agreement; (d) The destruction by fire or removal otherwise of the said improvements.

Page 111 of 195 4. Upon the termination of the licence for any reason whatsoever, the Licensee shall at his expense within one (1) year remove the improvements and shall leave the original shore road allowance in a neat and tidy condition. 5. The Licensor may, notwithstanding anything herein contained, whenever it deems necessary or appropriate in the public interest to do so, terminate this licence upon six (6) months’ written notice to the Licensee, by prepaid registered mail addressed to the address shown on the tax rolls of the Licensor. 6. The Licensee acknowledge that the improvements, for the purposes aforesaid, are at the will and at the pleasure of the Licensor, and no permanent rights of any kind whatsoever are conferred by this licence. In the event of termination of this licence, the Licensee shall not at any time make any claim or demands for compensation or reimbursement of any loss, costs or damages directly or indirectly attributable to such termination. 7. The Licensee hereby accepts the Lands in the condition existing as of the date of this agreement and will not call upon the Licensor to do or pay for any work or supply any equipment to make the Lands more suitable for the proposed use by the Licensee. 8. The Licensee hereby covenant to indemnify and save harmless the Licensor from and against any and all claims of loss, costs, damages and/or compensation which the Licensor may incur as the direct or indirect result of the permission herein granted. 9. The Licensee shall, at his expense, keep the said improvements in a clean and sanitary condition and in a good state of repair. 10.The Licensee shall not assign or transfer this licence, and in the event that the principal property is disposed of the Licensee shall forthwith notify the Licensor in writing. 11.The Licensee acknowledges that this Agreement in no way creates any interest in land or easement rights beyond the limited license herewith, and further, by giving the Licensee this license, the Licensor is under no obligation, and makes no promise, assurance or representation whatsoever that the Licensee shall enjoy or have exclusive use of the contemplated improvement or improvements, and the Licensor shall be under no obligation to prevent, inhibit, or otherwise advise members of the public that the Licensee has any right of exclusivity to the improvement or improvements, and the Licensee shall be solely and fully responsible for protecting its rights pursuant to this Agreement with any member of the public. 12.The Licensee shall not otherwise represent to members of the public that he is the agent, authorized or otherwise, of the Licensor to otherwise prevent members of the general public from using the improvement or improvements, but the Licensor shall not prevent the Licensee from using those remedies allowed by law available solely to the Licensee to protect the Liencee's property from damage or use by any other party other than the Licensee, his guests and invitees. 13.The Licensor is the owner of the portion of public highway hereby leased pursuant to the Municipal Act, 2001 and has the power to lease same pursuant to sections 8 and 11.

Page 112 of 195 IN WITNESS WHEREOF the Licensor has hereunto affixed its seal duly attested by the hands of its proper officers on its behalf, and the Licensee have hereunto set their hands and seals.

DATED at Minden, Ontario this day of , 20 .

KRIS BRAIDEN & PETER MASON

Per: Name:Kris Braiden

Per: Name:Peter Mason

THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS

Brent Devolin, Mayor

Victoria Bull, Clerk

Page 113 of 195 SCHEDULE "A"

THIS IS SCHEDULE "A" to the License of Occupation Agreement between the Corporation of the Township of Minden Hills and Kris Braiden & Peter Mason.

Location of Dock

Dock Layout & Dimensions

Page 114 of 195 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: May 14, 2020

Subject: Report #20-030 Planning PLOCC2020027 Agreement for a License of Occupation - Maulson

Report Purpose:

The purpose of this report is to inform Council of an application to enter into a license of occupation for an existing dock located adjacent to the Minden Riverwalk. A draft, 20-year agreement has been attached together with an authorizing by-law which would allow the applicant continued use of the Township shoreline road allowance on which their buildings and structures are situated.

Background:

Part Lot 4, Location Concession ‘A’, Description: Geographic Township of Minden

Official Plan Residential Designation:

Zoning By-law 06-10, as Residential Type One amended (R1) Zone:

Water Street Access: (Public Road)

Page 1/4

Page 115 of 195 The Township of Minden Hills received a request for permission to authorize an existing dock located adjacent to the Minden Riverwalk where the dock is situated to the front of the applicant’s property. The applicant proposes to re-orientate the dock 90 degrees so as to project out from the shore and in line with the dock’s historic orientation.

Figure 1 – October 2012 Google Streetview Image

Policy 45, being a policy To Establish the Fees, Costs and Procedures for an Application for Use of Original Shore Road Allowances, provides that,

Existing docks within the Village of Minden shall be allowed to remain at the discretion of the Township of Minden Hills with respect to the Riverwalk Project, and maintained to a minimum standard of safety.

And further that,

Improvements to legally existing docks are limited to the same size/square footage as the original dock, but not necessarily the same configuration, subject to applicable regulations.

Consistent with the Township’s Policy requirements, no change in size is being proposed however, the applicant’s agent and neighbor Lawrence Lougheed, has indicated that the dock would be reconstructed as a floating dock consisting of three parts with a combined size that of the existing dock being: a landing platform at the shore; a ramp connecting the floating dock to the landing platform; and, a floating dock area.

Page 2/4

Page 116 of 195 Page 3/4

Page 117 of 195 Financial Implications: There are no financial implications for the 2020 budget.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation: That Council receive Report #20-030 PLOCC2020027 Agreement for a License of Occupation - Maulson as information; And further, that By-law No. 20-58 be approved to authorize the Mayor and Clerk to enter into a License of Occupation Agreement in respect to Application PLOCC2020027.

Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments  Draft By-law 20-58  Draft Agreement

Page 4/4

Page 118 of 195 THIS LICENSE OF OCCUPATION AGREEMENT BETWEEN:

THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS

hereinafter called the “Licensor”

- and – Don & Pat Maulson

hereinafter called the “Licensee”

WHEREAS, the Licensee is the registered owner of Lot 4, Concession ‘A’, of the geographic Township of Minden, now in the Township of Minden Hills, herein called the “principal property”;

AND WHEREAS, pursuant to section 26 and 30 of the Municipal Act, S.O. 2001, c.25, herein after called the “Act”, there is vested in the Licensor that portion of the original shore road allowance across the road and in front of Lot 4, Concession ‘A’, of the geographic Township of Minden, now in the Township of Minden Hills, on which the “Licensee” proposes to repair an existing dock maintaining the same footprint hereinafter referred to as the “improvement”, owned by Don & Pat Maulson and shown on the measured drawing attached as Schedule “A” to this Agreement;

AND WHEREAS, the Licensor has agreed that the use, occupation and maintenance of the aforesaid improvements may continue in accordance with the terms of this agreement and that the Licensee may use that portion of the original shore road allowance across the road and in front of Lot 4, Concession ‘A’, of the geographic Township of Minden, now in the Township of Minden Hills, listed under property assessment roll number 4616-033-000-42500-0000 only in conjunction with said improvements;

NOW THEREFORE, in consideration of the mutual covenants and obligations hereinafter set forth, the parties hereby agree to and with each other as follows:

1. The Licensor hereby grants to the Licensee permission and authority to enter upon, use, occupy and maintain said Part of Lot 4, Concession ‘A’, of the geographic Township of Minden now in the Township of Minden Hills in conjunction with the aforesaid improvements. 2. The Licensee will forward to the Clerk of the Township of Minden Hills, a Liability Insurance Policy naming the Township of Minden Hills as an additional insured party for the purpose of this Licence. The insurance coverage shall be a minimum of Five Million Dollars ($5,000,000.00), and shall contain a notice of cancellation clause such that the provider will advise the Township within 15 days if the insurance coverage is cancelled. 3. This licence shall commence on the date of execution thereof by the parties hereto and shall remain in effect until the earlier of any of the following events: (a) The Licensor terminates this licence in accordance with paragraph #5 thereof; (b) The Licensee dispose by deed or otherwise, the principal property; (c) Upon the expiration of 20 years from the date of this agreement; (d) The destruction by fire or removal otherwise of the said improvements.

4. Upon the termination of the licence for any reason whatsoever, the Licensee shall at his expense within one (1) year remove the improvements and shall leave the original shore road allowance in a neat and tidy condition.

Page 119 of 195 5. The Licensor may, notwithstanding anything herein contained, whenever it deems necessary or appropriate in the public interest to do so, terminate this licence upon six (6) months’ written notice to the Licensee, by prepaid registered mail addressed to the address shown on the tax rolls of the Licensor. 6. The Licensee acknowledge that the improvements, for the purposes aforesaid, are at the will and at the pleasure of the Licensor, and no permanent rights of any kind whatsoever are conferred by this licence. In the event of termination of this licence, the Licensee shall not at any time make any claim or demands for compensation or reimbursement of any loss, costs or damages directly or indirectly attributable to such termination. 7. The Licensee hereby accepts the Lands in the condition existing as of the date of this agreement and will not call upon the Licensor to do or pay for any work or supply any equipment to make the Lands more suitable for the proposed use by the Licensee. 8. The Licensee hereby covenant to indemnify and save harmless the Licensor from and against any and all claims of loss, costs, damages and/or compensation which the Licensor may incur as the direct or indirect result of the permission herein granted. 9. The Licensee shall, at his expense, keep the said improvements in a clean and sanitary condition and in a good state of repair. 10.The Licensee shall not assign or transfer this licence, and in the event that the principal property is disposed of the Licensee shall forthwith notify the Licensor in writing. 11.The Licensee acknowledges that this Agreement in no way creates any interest in land or easement rights beyond the limited license herewith, and further, by giving the Licensee this license, the Licensor is under no obligation, and makes no promise, assurance or representation whatsoever that the Licensee shall enjoy or have exclusive use of the contemplated improvement or improvements, and the Licensor shall be under no obligation to prevent, inhibit, or otherwise advise members of the public that the Licensee has any right of exclusivity to the improvement or improvements, and the Licensee shall be solely and fully responsible for protecting its rights pursuant to this Agreement with any member of the public. 12. The Licensee shall not otherwise represent to members of the public that he is the agent, authorized or otherwise, of the Licensor to otherwise prevent members of the general public from using the improvement or improvements, but the Licensor shall not prevent the Licensee from using those remedies allowed by law available solely to the Licensee to protect the Liencee's property from damage or use by any other party other than the Licensee, his guests and invitees. 13.The Licensor is the owner of the portion of public highway hereby leased pursuant to the Municipal Act, 2001 and has the power to lease same pursuant to sections 8 and 11.

Page 120 of 195 IN WITNESS WHEREOF the Licensor has hereunto affixed its seal duly attested by the hands of its proper officers on its behalf, and the Licensee have hereunto set their hands and seals.

DATED at Minden, Ontario this day of , 20 .

DON & PAT MAULSON

Per: Name:Don Maulson

Per: Name:Pat Maulson

THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS

Brent Devolin, Mayor

Victoria Bull, Clerk

Page 121 of 195 SCHEDULE "A"

THIS IS SCHEDULE "A" to the License of Occupation Agreement between the Corporation of the Township of Minden Hills and Don & Pat Maulson.

Page 122 of 195 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: Thursday, May 14, 2020

Subject: Report #20-031 Planning PLZBA2020011 Proposed Zoning By-law Amendment & Draft By-law – Ocean and Echo Investments Inc.

Report Purpose: The purpose of this report is to provide Council with further information concerning an application to amend the Township of Minden Hills Zoning By- law 06-10 to permit five (5) dwelling units as an additional permitted use on the 2nd floor of the subject property.

Background: Property Details

Part Lot 3, Concession 'A', Location Geographic Description: Township of Minden Official Plan Downtown Designation:

Zoning By- Village law 06-10, Commercial (C4) as amended Schedule 22 Zone: Bobcaygeon Road (Public Road) Access: & Milne Street (Public Road)

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Page 123 of 195 As identified in Planning Report #20-022, the subject property is 0.07 ha. (0.17 ac.) in size having frontage of 14.6m. (48') along Bobcaygeon Road and 20.7m. (68'). The site is occupied by a 460 m2 (4950sq.ft.), 2 storey, commercial building and currently accommodates 5 parking stalls at the Milne Street side of the property. However By-law 18-89 exempted the property from being required to provide any off-street parking for what was then the existing and proposed commercial uses with the parking area intended for the outside display of goods.

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Page 124 of 195 Under the Township’s Zoning By-law, only one (1) accessory dwelling unit is permitted within the Village Commercial Zone, the applicant seeks to permit five (5) dwelling units. Each of the five dwelling units is required to provide two (2) parking stalls in accordance with the Township’s Zoning By-law. In regards to the parking, the applicant seeks to enter into an agreement for cash-in-lieu of parking such that the property would continue not to be responsible for providing any off-street parking. Based on the conceptual layout each of the five dwelling units meets the minimum size requirements of 55m2 (592sq.ft.), with a conceptual layout proposing the following dwelling unit sizes (see attached floor plan): Unit 1 - 827 sq ft Unit 2 - 942 sq ft Unit 3 - 992 sq ft Unit 4 - 592 sq ft Unit 5 - 592 sq ft A separate report will be put before Council elaborating on how municipal services could be realigned to accommodate longer-term and over-night parking in Township property (e.g., on street parking and municipal parking lots) which would be anticipated to result from a residential use absent any parking. Provincial Policy Statement 2020 (PPS) On February 28, 2020, the Ministry of Municipal Affairs and Housing released the Provincial Policy Statement 2020 (PPS), issued under the authority of section 3 of the Planning Act, and came into force on May 1, 2020. The PPS represents the Province’s direction on land use planning, with the Planning Act requiring that decisions affecting planning matters must be consistent with the Provincial Policy Statement in effect on the date of the decision. The PPS 2020 replaces the previous Provincial Policy Statement issued in 2014. The Provincial Policy Statement 2020 recognizes that efficient land use and development patterns support sustainability by promoting strong, liveable, healthy and resilient communities, protecting the environment and public health and safety, and facilitating economic growth. All land use planning decisions must be consistent with the PPS which provides policy direction on matters of provincial interest related to land use planning and development. The subject property is located in Minden Village, a rural settlement area under the PPS which sets out that settlement areas will be the focus of growth and development, and their vitality and regeneration shall be promoted. Pursuant to the PPS, land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land and resources; are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; and, support active transportation.

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Page 125 of 195 In regards to housing, the PPS requires municipalities to provide an appropriate range and mix of housing types and densities to meet projected requirements which directs the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs. The proposed residential use makes use of existing infrastructure and supports active transportation and is in a location where appropriate levels of infrastructure and public service facilities are available. County of Haliburton Official Plan The property is located within the Minden Village Urban Settlement Area in accordance with the County of Haliburton Official Plan intensification and redevelopment will include a range of uses and can be accommodated within the settlement areas of Minden Village where servicing capacity exists. Accordingly, the proposed intensification is consistent with the County Official Plan. Township of Minden Hills Official Plan In accordance with the Township’s Official Plan, the property is designated Downtown and is located within the Minden Village Settlement Area with. Residential uses are a permitted use within the Downtown designation. In regards to mixed use intensification, the Official Plan sets out that the Township will assess the density of such proposals relative to the surrounding neighbourhood as well as the site and building design of the proposal and how issues such as landscaping, traffic, parking, utilities and maintenance have been addressed. The financial feasibility of or market potential for the proposed development will not form the basis of any decision to approve an intensification or redevelopment proposal. Residential intensification projects are encouraged to incorporate street level space for mixed use retail, service commercial uses and/or professional offices. In lieu of the provision of on-site parking the Official Plan sets out that the Township may pass a by-law to accept cash-in-lieu where parking can be reasonably accommodated on the street or off-site in another appropriate location. In determining the cash-in-lieu payment, Council shall have regard to the cost to provide and maintain a parking space in the Downtown. The proposed change in use would not impact the density and urban form of the surrounding area and maintains the existing ground level commercial use. The proposed change to a residential use would not be anticipated to have a negative impact on traffic. As referenced above, a separate report will be presented to Council concerning the proposed cash-in-lieu of parking and associated impact on municipal operations.

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Page 126 of 195 Notice, Public Consultation, and Public Comments Notice of the application was circulated on February 20, 2020 in accordance with the Planning Act and a Public Meeting under the Planning Act was held on March 12, 2020. Unfortunately, subsequent to the circulation, the applicant amended the proposal from three (3) units which the public was initially notified of to five (5) units. On March 5, 2020, 7 days prior to the 1st public meeting, a further notice of public meeting was circulated with reference to the revised five (5) units advising the public of the Township’s intent to hold an additional public meeting to be held on March 26, 2020. Unfortunately, due to the ongoing issues related to social distancing aimed at preventing the further outbreak of COVID-19, this meeting was cancelled. During the Public Meeting of March 12, 2020, Council and the Public were advised of the amended proposal. The comments received from this meeting included a concern for parking; and, the applicant spoke to the need for housing within the Township and how downtown residences can assist in making a more vibrant downtown. No further comments have been received subsequent to the circulation of the revised notice.

Summary: The proposed re-zoning is consistent with the Provincial Policy Statement (2020), conforms to the County and Township Official Plans, and represents Good Planning. The applicant has not sought a reduction in parking and would be required to provide 2 stalls per dwelling unit until such time as an agreement for cash-in- lieu of parking can be arranged with the Township. A further report will be presented to Council on this matter together with a report outlining how the Township could address the greater anticipated year-round residential demand for parking stalls in the village area. As the site currently accommodates five (5) parking stalls, a building permit could, upon passing of the Zoning By-law amendment, be obtained for two (2) of the five (5) dwelling units. An agreement for cash-in-lieu of parking could be executed at the discretion of Council.

Options: The Planning Act provides broad authority to Council in determining whether further notice is required due to an amended application. Should Council wish, it may at their sole determination, indicate whether any further notice needs to be given in respect of the proposed by-law which has been changed since the holding of a Public Meeting under the Planning Act. Exercising this authority, Council could pass the amended by-law authorizing the five (5) dwelling units to allow for construction at such time as restrictions on

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Page 127 of 195 construction stemming from COVID-19 are lifted. Due to the requirement for parking, only those units for which parking can be provided for on-site could be developed until the above noted cash-in-lieu of parking agreement can be established. Alternatively, Council may wish to hold a further Public Meeting and/or defer judgement on this issue until such time as the operational side of the parking management issue can be addressed.

Financial Implications: There are no financial implications for the 2020 budget at this time.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation: That Council receive Report #20-031 Planning PLZBA2020011 Proposed Zoning By-law Amendment & Draft By-law – Ocean and Echo Investments Inc.as information. And further, that, should Council determine that no further notice is required, that By-law No. 20-60 be referred to the By-law Section of the Agenda to rezone the lands subject to application PLZBA2020011 from the Village Commercial (C4) Zone to the Village Commercial Exception Four (C4-4) Zone.

Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments:  PLANNING Report 20-025  Draft By-law

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Page 128 of 195

Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: Thursday, March 12, 2020

Subject: Report #20-022 Planning PLZBA2020011 Proposed Zoning By-law Amendment

Report Purpose: The purpose of this report is to provide Council with information concerning an application to amend the Township of Minden Hills Zoning By-law 06-10 to permit five (5) dwelling units on the subject property and to initiate a Public Meeting concerning such; and, an associated request to enter into an agreement to permit cash-in-lieu of parking pursuant to Section 40 of the Planning act for a total of 10 parking stalls.

Background: Property Details

Part Lot 3, Concession 'A', Location Geographic Description: Township of Minden Official Plan Downtown Designation:

Zoning By- Village law 06-10, Commercial (C4) as amended Schedule 22 Zone: Bobcaygeon Road (Public Road) Access: & Milne Street (Public Road)

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Page 129 of 195 The subject property is 0.07 ha. (0.17 ac.) in size having frontage of 14.6m. (48') along Bobcaygeon Road and 20.7m. (68') along Milne Street which currently provides access to 5 parking stalls; however pursuant to By-law 18-89 the property owner entered into an agreement for cash-in-lieu of parking exempting the property from having to provide any parking on site with the parking area proposed to be converted to outside display associated with the new businesses facing Milne Street in the portion of the building which formerly served as the County of Haliburton Emergency Medical Service station.

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Page 130 of 195 Proposal: The applicant is proposing to change the existing commercial use of the 2nd storey of the building to five (5) dwelling units with the following proposed sizes: Unit 1 - 827 sq.ft. Unit 2 - 942 sq.ft. Unit 3 - 992 sq.ft. Unit 4 - 592 sq.ft. Unit 5 - 592 sq.ft. Figure 1 – Proposed Floor Plan

In a manner similar to the property’s previous parking exemption the property owner is asking the Township to enter into an agreement exempting the property from providing the 10 parking stalls otherwise required under the Township’s Zoning By-law. The Township’s current parking by-laws prevent over-night parking in the Municipal Parking Lot at 7 Milne Street and prevents on-street parking of vehicles which would impede the Township’s snow clearing operations. The Milne Street Parking Lot is also used for the Farmers’ and Artisans’ Market during the summer months. As it is clearly anticipated that there would be some vehicular parking associated with the proposed change in use, in the event that

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Page 131 of 195 the Township wished to facilitate this parking, significant changes to operations would be required. Absent the municipality facilitating parking the issue would remain a private problem, and residents would have to make their own accommodation; however this may lead to ongoing by-law enforcement issues.

Notice, Public Consultation, and Public Comments The application initially contemplated 3 dwelling units on the 2nd floor with a portion (generally units 1 & 2) remaining commercial and notice of the application and public meeting was circulated in accordance with the Planning Act. On Tuesday, February 25, the Township was advised of an amended application requesting 5 dwelling units. Notice of the revised proposal was prepared and circulated in accordance with the Planning Act. As 20 days notice of a Public Meeting is required under the legislation, an additional Public Meeting is scheduled for March 26, 2020. A further report to Council will include comments from the Township’s Director of Public Works concerning the impact of off-site parking on winter maintenance and summer parking.

Financial Implications: There are no financial implications for the Draft 2020 budget at this time.

Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.

Recommendation: That Council receive Report #20-022 Planning PLZBA2020011Proposed Zoning By-law Amendment as information.

Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments:  Proposed Site Plan  PLANNING Report 18-044 Parking Exemption

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Page 132 of 195 DRAWING NOTES

N 1. This plan is property of Kawartha Lakes Drafting and Design and shall not be reproduced by anyone by any method in whole or in part without written permission.

S 2. The owner/contractor shall be responsible for getting all required approvals and permits prior to construction.

47'-2" 37'-0" 3. All materials, methods of construction and workmanship shall be in compliance with CMHC 7'-0" 12'-10" 17'-2" requirements, the Ontario Building Code (latest edition-0.Reg. 332/12 & all subsequent amendments), the National Building Code and all 2 local by-laws. A-1 4. Prior to proceeding with construction, the owner contractor shall check and verify all information, dimensions and specifications of this plan. Any discrepancies shall be reported to Kawartha Lakes Drafting & Design at once.

5. Written dimensions always take precedence over scaled measurements. Do not scale drawings.

6. The owner/contractor shall be responsible for correct siting of the house on the property. The owner/contractor shall confirm all required setbacks prior to construction. Any conflicts shall be reported to Kawartha Lakes Drafting & Design 15'-7" at once. (592 sq.ft.) UNIT 5

UNIT 5 7. Any structure noted "Design by others" is the responsibility of the owner/contractor and shall supply the information while submitting the plans for permit. The structural information shall be D1 designed by a structural engineer or a person deemed qualified by the local building official. W1 W1 8. Wood framing spans are taken from the span tables provided by the Canadian Wood Council (2009 Edition-The Span Book) & are in

EXIST. 8" CONC. BLOCK WALL accordance with CSA 086.1 "Engineering Design in Wood" (Limits States Design), Part 9 NBCC criteria and OBC 2012 appendix.

9. All dimensions are taken from the face of the framing members and from the exterior face of ICF insulation. Dimensions do not include interior or exterior sheathing or finishes.

DN 12R 15'-5" QUALIFICATION INFORMATION (592 sq.ft.)

UNIT 4 The undersigned has reviewed and takes responsibility for this design UNIT 4 and has the qualifications and meets the requirements set out in the 10'-0" 2'-9" 10'-3" Ontario Building Code to be a designer.

D1 60'-0" 60'-0" DESIGNER J. PITCHER 33047 W1 W1 NAME BCIN

DN 11R REGISTRATION INFORMATION NOTES Required unless designer is exempt under 2.17.5.1 of the

D1 building code

NOTES FIRM KAWARTHA LAKES DRAFTING & DESIGN 36422

EXIST. 8" CONC. BLOCK WALL NAME BCIN

REVISIONS F.R.R. 20 Min. EGRESS WINDOW

UNIT 3 NO. DESCRIPTION BY DATE

10'-0" 2'-9" 11'-9" 1 PRELIMINARY JP 02/14/20

2 PRELIMINARY JP 02/25/20 LINTEL LINTEL (992 sq.ft.) 2-2"x6" SPF#2 2-2"x4" SPF#2 2-2"x8" SPF#2 2-2"x6" SPF#2 2-2"x6" SPF#2 UNIT 3 97'-6"

DN 11R " GYP. BOARD CEILING 5 8

LANDING " CONT. "TYPE X' GYP. BOARD 5 8 " WOOD SHEATHING " T&G SUBFLOOR " GYPSUM BOARD CEILING VAPOR BARRIER ASPHALT SHINGLES WATERPROOF MEMBRANE 1 4 2 3 8 5 @ 24" O.C. PRE-FAB. TIMBER TRUSSES EXIST. NEW EXISTING ROOF EXISTING FLOOR 16" TJL WOOD JOISTS @ 16" O.C

PROJECT PARTNER

3'-10" 1'-6" DESCRIPTION DESCRIPTION W1 W1 EXIST. W16x45 EXIST. 8" CONC. BLOCK WALL DN 12R 7'-61" 48"x48" VINYL SINGLE HUNG 24"x36" VINYL SINGLE HUNG 36"x80" INSULATED STEEL DOOR 32"x80" 6 PANEL WOOD DOOR 60"x48" VINYL CASEMENT 3'-10" 29'-9" 2 3'-9" 3'-8" 1'-6" " 1 2 5'-7 4'-1" D1

W1 1 2'-21" 12'-9 " 10'-0" 2 2 D1 D2 TYPE TYPE WIN1 WIN2 WIN3 " D1 S 1 2 DOOR SCHEDULE WINDOW SCHEDULE WIN1 11'-0" " 9'-9 1 2 (942 sq.ft.) 2'-7 " UNIT 2 1 2 ROOM LIVING LIVING ROOM UNIT 2 5'-8 1 4'-6" 7'-1 " 12'-9" 3'-0" 8'-10" 9'-0" 2 4'-2" 5'-4" PROJECT DESIGN FIRM W1 W2 W1 W2 FR WIN2 10'-9"

1 1 12'-21" 8'-8 " 9'-3 " 6'-2" Kawartha Lakes 2 12'-1" 2 4'-6" 3'-2" 2 " 1 2 6'-1 S 8'-0" " " T&G SUBFLOOR " GYPSUM BOARD CEILING 1 2 4 3 24" TJL WOOD JOISTS @ 12" O.C 5 8 EXISTING FLOOR Drafting & Design ROOM LIVING BATH WIN1 11'-5" BATHROOM 11'-1 Tel: (705) 328-4518 KITCHEN

BEDROOM Email: [email protected] 5'-1" W2 3'-4" W2 KITCHEN 6'-0" WIN2 4'-10" " D2

FR (827 sq.ft.) 1 2 W2 W2

3'-10" UNIT 1 W1 2'-4

3'-10"

D2 KNEE WALL PROJECT DESCRIPTION 7'-01" 3'-61" 2'-2" 5'-5" 2 2'-6" 5'-1" 3'-11" 3'-5" 8'-0" 2 2'-0" " " 14'-0" " 1 2 " GYP. BOARD BOTH SIDES 1 2 1 2 S " TYPE 'X' GYP. BOARD BOTH SIDES 2 CO S 4'-5" W-3b 1 HR. FIRE RATING - 48 STC 8 CO 2"x4" SPF #2 WOOD STUDS @16" O.C. 5 2"x6" SPF #2 WOOD STUDS @24" O.C. SOUND ATTENUATING MINERAL FIBER 1 BATT INSULATION RESILIENT METAL CHANNELS ONE SIDE @16" O.C. INTERIOR 2"x4" PARTITION

1 W1 D2

4'-1 9'-2 " SECOND FLOOR 4'-4 CORRIDOR 2 5'-5" 6'-2" 5'-5" 4'-1 9'-6" UNIT 1 3'-10" 3'-10" 2'-4" 1 " W1 W2 W2

CONSTRUCTION ASSEMBLIES 2

EXISTING PHARMACY RENOVATION 4'-0 3'-10" D2 D2 D2 W2 W2 W2 W2 W1 " " 18'-6" BATH 1 2 112 BOBCAYGEON ROAD, MINDEN, ONTARIO 1 2 5'-7 5'-4 W2 WIN3 W2

" DWG. NAME 1 2 10'-1 " 1 2

" SECOND FLOOR PLAN BEDROOM BEDROOM BEDROOM BEDROOM 7'-4 1 2 D2 D2 7'-1

1 W1 W2 1 4'-6" 4'-6" W.I.C W.I.C 7'-2 " 7'-4 " 2 11'-9" 11'-7" 11'-9" 2 & BUILDING SECTION

DATE DRAWN BY WIN1 WIN1 WIN1

14'-3" 12'-0" 12'-0" 2 14'-3" 02/25/20 JP A-1

52'-6" SCALE CHECKED BY WALL ASSEMBLIES CEILING MOUNTED SMOKE DETECTOR CEILING MOUNTED CARBON MONOXIDE DETECTOR EXISTING BUILDING (TO REMAIN) NEW CONSTRUCTION SIMILAR SECTION BUILDING SECTION NUMBER DRAWING NUMBER SIMILAR SECTION WALL SECTION NUMBER DRAWING NUMBER SIMILAR DETAIL DETAIL NUMBER DRAWING NUMBER DOOR TYPE WINDOW TYPE AS SHOWN JP " 'TYPE X' GYP. BOARD " 'TYPE X' GYP. BOARD " ASPENITE SHEATHING 1 8 8 2 2"x6" 18 Ga. STEEL STUDS 5 2"x6" 18 Ga. STEEL STUDS 5 STUCCO FINISH @ 16" c/c @ 16" c/c EXIST. EXTERIOR WALL EXIST. EXTERIOR WALL R20 BATT INSULATION EXT. INSULATION R20 BATT INSULATION 10" CONC. BLOCK PROJECT No. DRAWING No. 3/16" = 1'-0" Page 133 of195 3/16" = 1'-0" SECOND FLOOR PLAN BUILDING SECTION SIM SIM SIM S CO SYMBOLS LEGEND 1 1 1 1 W1 D1 2 WIN1 A01 A01 A01 20-002 A-1 A-1 A-1 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: June 14, 2018

Subject: Report #18-044 Planning Reduction in Parking Requirement & Parking Agreement

Report Purpose: The purpose of this report is to provide Council with information regarding a request that the Township enter into an agreement exempting the owner from the requirement to provide parking otherwise required under the Zoning By-law.

Background:

Part Lot 3, Concession 'A', Location: Geographic Township of Minden

Official Plan Downtown Designation: Schedule ‘A-1’

Zoning By- law 06-10, as Village Commercial amended, (C4) zone:

Bobcaygeon Road (Public Road) & Access: Milne Street (Public Road)

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Page 134 of 195 The applicant wishes to change the use of a 280.9 m² (3024sq.ft.) vacant portion of an existing 2 storey building to that of a retail business with a restaurant/food service component. The remaining portions of the building being used for retail (~1,600sq.ft.), public service (~1,600sq.ft), and medical office (3,200sq.ft.) and are serviced by 5 existing parking stalls at the rear of the property. In accordance with the Township’s Zoning By-law the applicant would be required to provide 13 parking stalls for the proposed use and size (1stall/28m² for retail; 1stall/9m² for restaurant). The applicant has identified under one scenario the ability to provide 4 parking stalls, resulting in a net loss of 1 stall, and therefore needing to address 14 stalls by other means (i.e., agreement). However; it is the applicant’s preferred scenario not to provide any parking on site, and therefore needing to address 18 stalls. Figure 1 – Proposed Layout

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Page 135 of 195 The Municipal parking lot is located immediately adjacent to the subject property, and the closure of the fire hall has removed the need for parking restrictions over portions of the parking area. The Township’s Official Plan states in regards to parking, Section 2.4.4.3 within the ‘Downtown’ designation for which this property is located within: Commercial uses located in the Downtown designation shall generally be exempt from the provision of on-site parking, although the provision of on-site parking for owners, employees and for the physically challenged is encouraged. In lieu of the provision of onsite parking in accordance with applicable zone requirements, the Township may pass a by-law to accept cash-in-lieu where parking can be reasonably accommodated on the street or off-site in another appropriate location. In determining the cash-in-lieu payment, Council shall have regard to the cost to provide and maintain a parking space in the Downtown (emphasis added). In regards to the Minden Village Development Master Plan (2013), the plan saw a more pedestrian friendly Milne Street, specifically identifying the intention to extend a sidewalk along Milne Street from Newcastle Street to Prince Street to improve the connection between the downtown core on Bobcaygeon Road and the municipal parking lot and Township offices on Milne Street as well as rear business lots. Providing the commercial space and retail entrance facing Milne Street would help to enhance a pedestrian environment. At this time, the applicant seeks an Agreement with the Township to exempt the development from providing the one required parking stall through an Agreement permitted under Section 40 of the Planning Act. This section of the Planning Act allows a Municipality to enter into an agreement subject to the individual making a payment to the municipality as consideration for the granting of the exemption. Specifically Section 40 establishes: Agreement exempting owner from requirement to provide parking 40. (1) Where an owner or occupant of a building is required under a by-law of a local municipality to provide and maintain parking facilities on land that is not part of a highway, the council of the municipality and such owner or occupant may enter into an agreement exempting the owner or occupant, to the extent specified in the agreement, from the requirement of providing or maintaining the parking facilities. R.S.O. 1990, c. P.13, s. 40 (1). Payment of money (2) An agreement entered into under subsection (1) shall provide for the making of one or more payments of money to the municipality as consideration for the granting of the exemption and shall set forth the

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Page 136 of 195 basis upon which such payment is calculated. R.S.O. 1990, c. P.13, s. 40 (2). Special account (3) All money received by a municipality under an agreement entered into under this section shall be paid into a special account and, (a) the money in that account shall be applied for the same purposes as a reserve fund established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; (b) the money in that account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; (c) earnings derived from the investment of the money in the special account shall be paid into that account; and (d) the auditor of the municipality, in the auditor’s annual report, shall report on the activities and position of the account. 2002, c. 17, Sched. B, s. 13 (1); 2006, c. 32, Sched. C, s. 47 (6). Registration of agreement (4) An agreement entered into under this section may be registered in the proper land registry office against the land to which it applies and, when so registered, any money payable to the municipality under the agreement that has become due for payment shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be. 2002, c. 17, Sched. B, s. 13 (2); 2006, c. 32, Sched. C, s. 47 (7). Certificate (5) When all money payable to the municipality under an agreement registered under subsection (4) has been paid, or such agreement has been terminated, the clerk of the municipality shall, at the request of the owner of the land, provide a certificate in a form registrable in the proper land registry office, certifying that the money has been paid or that the agreement has been terminated. R.S.O. 1990, c. P.13, s. 40 (5). The Township does not have an established policy governing these situations and it is difficult to determine the cost of providing parking. There is no obligation that the Township construct parking spaces on the behalf of the applicant, however the money collected must be spent on such purposes. In the most recent transactions of similar nature, developers have been charged $500 per stall. This amount is considered by Staff to be quite

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Page 137 of 195 low, however it represents a consistent, and fair amount until such time as a deliberately thought out policy is implemented. In 1994, the owner of the building had entered into an Agreement for cash- in-lieu of parking in the amount of $10,000 for 10 of 15 parking stalls required for the development taking place at the time, but specifically did not cover any parking associated with the “floor area associated with the Ambulance Hall”. The 5 parking stalls are those currently found at the rear of the property. Given the commercial use of the property, the demand for parking would typically be associated with periods of the highest demand within the broader Village area.

Financial Implications: There are no financial implications for the 2018 budget.

Recommendation: That Council receive Report #18-044 Planning Reduction in Parking Requirement & Parking Agreement; And further, that Council provide direction on whether, and to what extent, a cash in lieu of parking agreement would cover.

Respectfully submitted,

Ian Clendening, MPl. Planner

Page 5/5

Page 138 of 195 Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: May 14, 2020

Subject: Report #20-032 Planning Sale of Shoreline Road Allowances & Shoreline Work Permits Update

Report Purpose: The purpose of this report is to update Council with regards to Ministry of Natural Resources and Forestry (MNRF) permitting for shoreline works under the Public Lands Act and to seek Council’s direction regarding the sale of Shoreline Road Allowances.

Page 1/3

Page 139 of 195 At this time, the following Shoreline Purchase Applications are currently being held back from further processing:

Application First Put Before Council PLSRA2019002 February 14, 2019 PLSRA2019003 February 14, 2019 PLSRA2019004 February 14, 2019 PLSRA2019019 June 13, 2019 PLSRA2019031 July 25, 2019 PLSRA2019034 August 29, 2019 PLSRA2019035 August 29, 2019 PLSRA2019041 August 29, 2019 PLSRA2019043 September 12, 2019 PLSRA2019044 September 12, 2019 PLSRA2019048 October 10, 2019

Of note, PLSRA2019048 is associated with County Severance Application H-016/19 which is set to lapse on August 14, 2020. In the event that the sale of the Shoreline Road Allowance is not conveyed in advance of this date, future registration of the land transfer will be more complicated (see attached letter).

It is important to note that, while refusing to sell shoreline road allowance does ensure the Township’s input on MNRF work permits for such property, as noted in report #17-025 Amendments to Planning Department Fees Additional Information, only about 49% of shoreline road allowances remain in Township Ownership. Financial Implications: It is unclear what resources would be required to administer the review and approval of applications for work permits.

Energy Impacts and Renewable Energy Readiness:

There are no energy impacts associated with this report.

Recommendation:

Page 2/3

Page 140 of 195 That Council receive Report #20-032 Planning Sale of Shoreline Road Allowances & Shoreline Work Permits Update as information; And further, that Council provide direction to Staff concerning the proposed MNRF permitting process and Council’s intent to proceed with the sale of Shoreline Road Allowances generally, and that of PLSRA2019048 specifically. Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments: 1. Report #20-019 & Attachments 2. Letter concerning PLSRA2019048

Page 3/3

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Report to: Mayor and Members of Council

From: Ian Clendening, Planner

Date: March 12, 2020

Subject: Report #20-019 Planning Sale of Shoreline Road Allowances & Shoreline Work Permits

Report Purpose: The purpose of this report is to update Council with regards to Ministry of Natural Resources and Forestry (MNRF) permitting for shoreline works under the Public Lands Act.

Background: As a result of Council’s concerns regarding the hardening of shorelines within the Township, such as through the use of armourstone retaining walls, proposed by-laws put before Council on September 26, 2019 to stop up, close, and convey parts of the original shore road allowance were deferred and Staff were directed to look into how the Township could ensure the hardening of shorelines was prevented. Under the Public Lands Act, a permit is required for certain activities, occurring on shore lands including for the installation of erosion control structures, which the Ministry recognizes to include erosion dispersing features such as retaining walls. Pursuant to Regulation 975 of the Public Lands Act a permit must be issued unless the officer is of the opinion that the work [. . . ] is inconsistent with or does not conform to an official plan as defined in the Planning Act.” The correspondence sent to the MNRF highlighted the in what ways the hardening of shorelines is inconsistent with the Township’s Official Plan (see attached). The Ontario government has recently implemented a streamlined approach to “ensure property owners can conduct erosion control, such as the installation of breakwalls or armour stone, in a timely manner” (see attached PDF of webpage for additional information). Where the Township retains ownership of the Shoreline Road Allowance, a Municipal Consent form is required to be submitted with the application and requires Staff to certify that the proposed works are consistent with the intent of the Official Plan. Where the Shoreline Road Allowance has been sold to the abutting property owner the Municipal Consent form is not Page 1/4

Page 143 of 195 required. Accordingly, preventing the sale of Shoreline Road Allowance’s only addresses those situations where the Township retains ownership of such land, and a more comprehensive solution is required. As outlined on the MNRF webpage for Crown Land Work Permits, a permit is not always required under the Public Lands Act (e.g., constructing or placing structures that are in physical contact with 15 square meters or less of the shore lands fronting your property such as docks, and single-storey boathouses; and the installation of a water line, service cable or heat loop for private residential use). Other activities such as dredging shore lands previously dredged, and works involving the replacement or repair of existing erosion control structures only require online registration. In the case of replacement or repair of existing erosion control structures the online registration process requires the individual: 1. be the waterfront property owner or conducting work on behalf of the property owner 2. keep the same length, width and footprint of the original structure 3. properly install and maintain sediment controls around the area if sediments (e.g., sand, silt) will be disturbed, and remove them only when work is complete and sediments have settled 4. dispose of the plants/material you remove on dry land to prevent it from re-entering the water 5. use, operate or store any wheeled or tracked machinery/equipment on dry land, or on a barge or vessel 6. always register your work with MNRF at least 10 business days before work begins 7. keep the confirmation of registration onsite and make it available, if requested 8. do not carry out work during fish spawning season or during the time of other critical fish life stages as set out in the In-water Work Timing Window Guidelines 9. , You do not need a work permit under the Public Lands Act, if you follow all of these rules. You: The Township of Minden Hills, does not currently have a Site Alteration By- law such as that authorized under Section 142 of the Municipal Act; however it is recognized that the County of Haliburton is currently in the process of developing such a By-law under the delegated authority of the Township. However, under the Public Lands Act, an officer is required to issue a work permit unless the officer is of the opinion that the work for which a permit is required is inconsistent with or does not conform to an official plan as defined in the Planning Act.

Page 2/4

Page 144 of 195 The Township of Minden Hills Official Plan clearly discourages these types of works in favour of “a natural shoreline character on lakes in the Township. Accordingly, correspondence was directed to the MNRF highlighting the intent of the Minden Hill’s Official Plan. On February 19, 2020, Staff received a written response from Jesse Van Allen, Resource Operations Supervisor, Bancroft Office committing to a process in which the MNRF “will be requesting supporting documentation from the applicant in the form of municipal comments” confirming that the proposed works are consistent with the intent of the Township’s Official Plan. In contrast, the typical process adopted by the MNRF requires applicants to check a box confirming compliance (see attached application). Although the proposed process shifts the responsibility for Official Plan interpretation away from the MNRF and onto the Township, it is an acceptable means of ensuring that these types of activities do not happen along the shorelines of Minden Hills. It is unclear at this time how much added work this process will result in, as Township Staff will become the front line for any refusal to issue clearance letters. At this time, the following Shoreline Purchase Applications are currently being held back from further processing:

Page 3/4

Page 145 of 195

Financial Implications: It is unclear what resources would be required to administer the review and approval of applications for work permits.

Energy Impacts and Renewable Energy Readiness:

There are no energy impacts associated with this report.

Recommendation: That Council receive Report #20-019 Planning Sale of Shoreline Road Allowances & Shoreline Work Permits as information; And further, that Council provide direction to Staff concerning the proposed MNRF permitting process and Council’s intent to proceed with the sale of Shoreline Road Allowances. Respectfully submitted,

Ian Clendening, MPl. Planner

Attachments: 1. Township Letter to MNRF 2. MNRF Response Letter 3. MNRF Permit Information Webpage 4. MNRF Permit Application

Page 4/4

Page 146 of 195 Page 147 of 195 Page 148 of 195 Page 149 of 195 Page 150 of 195 Page 151 of 195 Page 152 of 195 Page 153 of 195 Streamlined Crown land work permit

How and when to apply for a work permit under the streamlined process.

Overview

The Ontario government has implemented a streamlined approach to ensure property owners can conduct erosion control, such as the installation of breakwalls or armour stone, in a timely manner.

Ontario is taking action to increase the province’s resiliency to flooding. Specifically, we are putting people first by making it easier for property owners to get the help they need to make repairs and protect their property from shoreline erosion.

Not all shoreline work requires a work permit. Certain activities (for example, repairs or replacement of existing structures) only require online registration.

If you have any questions regarding your planned erosion control activities, please contact [email protected] (mailto:[email protected]) . For all other inquiries contact your local district office (https://www.ontario.ca/page/ministry-natural-resources-and-forestry-regional-and-district-offices) . Eligible activities for the streamlined work permit process

You require a work permit if you:

want to build a new erosion control structure want to expand an existing erosion control structure can't meet all of the rules in regulation

The streamlined process was developed with the intent of allowing landowners to repair and prevent further property damage resulting from shoreline erosion. Applications for proposed property expansion are not included in the streamlined process and can be submitted to your local district office (https://www.ontario.ca/page/ministry-natural-resources-and- forestry-regional-and-district-offices) . Apply through the streamlined work permit process

If your planned activity will require a work permit, please complete the online application form (http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail? OpenForm&ACT=RDR&TAB=PROFILE&SRCH=1&ENV=WWE&TIT=018-2404&NO=018-2404E) so your request can be processed as quickly as possible.

Once all required details have been provided as part of a complete application, most applications will be processed within three business days of receipt. However, in limited circumstances longer processing times may apply (for example, where engineering reports are required). In these instances, applicants will be contacted by Ministry staff within two business day to discuss the details of their application. Activities that don’t need a work permit

Page 154 of 195 You do not require a work permit for:

Erosion control or flood control structures on private property (unless the work potentially affects Crown land, such as shore lands) Works on federal lands and water bodies Activities that only require online registration

If you follow all the rules as laid out in the ministry’s regulations, you don't need a permit to:

Maintain, repair or replace erosion control structures on shore lands (https://www.ontario.ca/page/maintain-repair-or- replace-erosion-control-structures-shore-lands) Relocate rocks on shore lands (https://www.ontario.ca/page/relocate-rocks-shore-lands) Dredge shore lands previously dredged (https://www.ontario.ca/page/dredging-shore-lands-previously-dredged) Other approvals

Before you start any work, find out whether additional authorizations are required.

You should consult your local municipality/township to determine if they have Official Plan policies or zoning bylaws in place that might affect, prohibit or control the construction and placement of a structure on Crown land and shore lands. You should also check with other government agencies that may have an interest in your proposal, including:

a local conservation authority (https://conservationontario.ca/conservation-authorities/find-a-conservation-authority/) Fisheries & Oceans Canada (https://www.dfo-mpo.gc.ca/index-eng.htm) Transport Canada (https://www.tc.gc.ca/en/transport-canada.html) Ministry of the Environment, Conservation and Parks (https://www.ontario.ca/page/ministry-environment- conservation-parks) Ministry of Natural Resources and Forestry (https://www.ontario.ca/page/ministry-natural-resources-and-forestry) other provincial ministries (https://www.ontario.ca/page/ministries) Ontario One Call (https://www.on1call.com/) (to see if hydro/gas lines could be impacted)

You may also want to discuss the project with neighbours before starting work. Your privacy matters

Ontario is committed to respecting your privacy and protecting your personal information (https://www.ontario.ca/page/privacy-statement) .

Personal information submitted (mailto:[email protected]) is collected under authority of the Public Lands Act and will be used for the administration of that Act. Questions about this information should be directed to [email protected] (mailto:[email protected]) .

Updated: January 28, 2020 Published: July 2, 2019

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Page 156 of 195 REPORT TO: Mayor and Members of Council

FROM: Lorrie Blanchard, CAO/Treasurer

DATE: May 14, 2020

RE: Report # 20-019 Admin/Treasury 2019 Year End Transfer to Reserves

Purpose:

The purpose of this report is to present Council with the summary of 2019 year end transfers to and from reserves, and to seek Council’s approval of these transfers, subject to audit review.

Background:

Reserve Policy #77 requires that all transfers to and from reserves and reserve funds must be approved by Council.

Further to amounts approved in the 2019 Budget, as well as transfers approved in the following Staff reports:

 ROADS - Report 19-033 Additional 2019 Projects – 2018 Surplus & MMAH Funding  CAO - Report 19-023 2019 Gas Tax Top Up Funding - Up & Designated Use  CAO - Report 19-035 Insurance Proceeds to Res. and Transfer of Various Res. Bal  CAO - Report 20-004 Flood Relief Funding - Transfer to Emergency Preparedness Reserve

Staff is seeking approval for the following additional transfers. These amounts are subject to audit review.

Account Account Included in No Description Dept. Reserve Amount Reason 2019 Budget 1120000 Modernization Funding Administration Administration 12,500.00 County Delegation - Service Review No 1130000 Repairs & Maintenance Property Property 45,000.00 Unspent R&M Budget-See Also Staff Rpt. 19-023 Admin/Treas. Yes 1140000 Other Revenue Treasury Finance 4,396.92 Tax Sale Proceeds No 1870005 Other Expense Economic Development Economic Dev. 5,000.00 BIA Start-Up Funds - Unspent Yes 1480000 Surplus Water System Water 77,806.55 2019 Surplus No 1490000 Surplus Waste Water System Waste Water 9,204.22 2019 Surplus No 1720000 Deficit Lochlin CC Lochlin CC (2,516.24) 2019 Deficit No 1725000 Deficit Irondale CC Irondale CC (4,445.26) 2019 Deficit No

146,946.19

Page 157 of 195 Financial Implications:

Exclusive of the 2019 surplus, and subject to audit review, the following summary outlines the estimated year-end reserve and trust balances:

2019 Unaudited Description Balance Reserves: Administration $ 362,319.83 Capital Projects $ 22,192.85 Property $ 130,463.65 Working Capital $ 1,494,827.89 Finance $ 226,810.82 Election $ 21,451.05 Accessibility $ 25,000.00 Fire Department $ 542,391.60 Policing $ 21,800.00 By-Law / Building $ 154,563.89 Emergency Preparedness $ 101,031.90 Roads $ 2,330,859.08 Landfill $ 853,512.66 Water System $ 1,122,728.97 Sewage System $ 1,094,161.63 Arena $ 465,793.42 Gelert Hall $ 30,320.67 Lochlin Hall $ 59,094.74 Irondale Hall $ 40,671.59 Library $ 4,557.76 Cultural Centre $ 20,850.35 Hugh Thornton Award $ 260.00 Gallery $ 38,139.47 Agnes Jamieson Gallery-Bank & GIC $ 13,340.51 Museum $ 20,840.36 Nature's Place $ 16,466.45 Parks $ 188,579.49 Economic Development/Special Events $ 176,402.14 Planning $ 149,620.96 $ 9,729,053.73

Trusts and Reserve Funds: Planning (Cash in Lieu $ 135,985.73 Good Neighbour Award $ 5,602.43 Perpetual Care Trust (incl. GIC's) $ 235,304.72 Gallery Trust (incl. GIC's) $ 128,486.67 Museum Trust (incl. GIC's) $ 73,364.36 Snowdon Park Trust $ 813.84 Parking Exempt Trust $ 10,157.15 Shoreline Road Allowance Trust $ 41,860.49 $ 631,575.39

Total $ 10,360,629.12

Page 158 of 195 The more significant 2018 vs. 2019 reserve balances are further provided below:

2019 Prel. Reserve Yr.End Balance 2018 Balance Purpose Roads $ 2,330,859.08 $ 1,262,399.43 Capital Projects and Emergency Funding Working Capital $ 1,494,827.89 $ 1,494,827.89 Cash Flow to Offset Uncollected Taxes and Other Receivables Water System $ 1,122,728.97 $ 1,044,922.42 Capital Projects - Service Area Only Sewage System $ 1,094,161.63 $ 1,084,957.41 Capital Projects - Service Area Only Landfill $ 853,512.66 $ 393,512.66 Landfill Plan and Equipment Requirements Fire Department $ 542,391.60 $ 442,391.60 Vehicle and Equipment Requirements Arena $ 654,372.91 $ 543,871.48 Capital Equipment and Projects Administration $ 362,319.83 $ 196,371.69 Insurance Deductibles and Future Projects Finance $ 226,810.82 $ 222,413.90 Future Equipment and Software Requirements $ 8,681,985.39 $ 6,685,668.48

Energy Impacts and Renewable Energy Readiness:

There is no energy impacts associated with this report.

Recommendation:

That Council receives Report #20-019 Admin/Treasury – 2019 Year End Transfer Reserves as information;

And further, that Council approves the summary of additional 2019 year-end transfers to and from Reserves in the amount of $146,946.19, subject to audit review.

Respectfully submitted:

Lorrie Blanchard, H.B.Com, CPA, CGA CAO/Treasurer

Page 159 of 195

REPORT TO: Mayor and Members of Council

FROM: Lorrie Blanchard, CAO/Treasurer

DATE: May 14, 2020

RE: Report # 20-020 Admin/Treasury 2019 Surplus – Pending Audit Review

Purpose:

The purpose of this report is to present Council with the 2019 estimated surplus, pending final audit review and adjustments.

Background:

Pending audit review, the following summary outlines the estimated surplus of approximately $904,370, for the year ending December 31, 2018:

Department Head Department 2019 Budget 2019 YTD Actual 2019 Variance - $ 2019 Variance - % Clerk Administration, Election, Heath & Safety, Accessibility 522,755.00 502,543.80 20,211.20 -3.87% Chief Building Official Building, By-Law and Planning 245,515.00 161,822.09 83,692.91 -34.09% Director of Community Services Cemetery, Parks and Recreation 990,230.00 846,145.11 144,084.89 -14.55% Economic Dev., Destination & Marketing Economic Dev., Events, Promotions, Cult. Centre 556,580.00 483,572.91 73,007.09 -13.12% Fire Chief Fire 569,750.00 557,088.47 12,661.53 -2.22% Director of Public Works Roads, Sidewalks, Streetlights, Landfills, W&S 4,577,665.00 4,558,301.34 19,363.66 -0.42% Director of Finance Council, Finance, Medical Centre and Policing (7,462,495.00) (8,013,844.79) 551,349.79 7.39%

Total - (904,371.07) 904,371.07

This surplus, (subject to audit review) represents 10.72% of the 2019 levy. Other comparatives are noted as follows:

% of Levy - $8,433,355 10.72% % of Budgeted Expenses 4.61% % of Actual Expenses 4.24% % of Budgeted Revenues 4.61% % of Actual Revenues 4.07% 1

Page 160 of 195

In October 2019 Council was provided with a forecasted surplus of $141,935. While there are various over/under expenditures and revenues during 2019, the attached summary provides a departmental analysis of the 2019 budget, the 2019 forecast, the 2019 unaudited year to date results, and the related variances.

Of note, this summary provides a separate column that outlines the amount of surplus that is attributed to wages and benefits as it relates to an inability to replace staff, to hire new staff (as approved by Council) and/or as a result of hiring’s that occurred later than expected and budgeted. This total represents approximately $503,480.00.

Further variances are provided through a categorical summary of revenues and expenditures, also included with this report. The more significant variances are summarized as follows:

Supplemental Taxes, Amts. Retained from School Brds & Write-Off's 86,700.00 Additional Gas Tax Top-Up and Legacy Funding 184,700.00 Bank Interest Income 137,600.00 409,000.00

Financial Implications:

The 2019 surplus represents the variance of unspent expenditures and/or additional revenues in excess of the 2019 budget.

Council approved the transfer of the 2019 surplus to the Capital Project Reserve, for future use, as per resolution #19-026 dated October 10, 2019.

The following is a summary of potential capital projects, and the estimated cost (where available):

Page 161 of 195 Department Description Estimated Cost Year of Completion All departments Asset Management Plan as per O Reg 588/17 330,000.00 Partially Engineering of Scotch Line Road (Hwy 35 - Bingham Road) 125,000.00 Yes Roads Scotch Line Road Construction 1,900,000.00 No 2021 Engineering of Blairhampton Road (vertical, horizontal alignments, property purchase) Hwy 35 - Duck Lake Road 130,000.00 Yes Roads No (price is contingent on Blairhampton Road Construction 870,000.00 alignments and Geotech) Crushing Asphalt Millings at Kinmount 30,000.00 Yes Roads Application of Asphalt Millings on (Bacon30,00 sqm, Wessel, TBD 5,850 sqm) Yes, currently requesting price. Yes (contingent on storm sewer Roads CCAP - Prince, Lyons and Chandos Street 233,000.00 inspection) Roads CCAP - Wigamog Road 300,000.00 Yes Roads Replacement of One-Tonne (2021) 100,000.00 No 2021 Landfill Used Roll-Off Truck 185,000.00 Yes Roads Flat bed for roll-off truck TBD Yes, currently researching prices. 2 Containers (sand bag storage and road closure supplies for roll Roads off truck) 16,000.00 Yes Completion of 588/17 Asset Management (OCWA) for water and Water/Sewer TBD waste water system Yes, researching prices. Unknown - would require Property Removal or Renovation to Old Fire Hall - Pritchard TBD research. Some funds included in 2020 Property Basement Remediation & Renovations TBD Budget. 2020 to 2025 - Estimate per Facility Review - Per Staff Report: CAO Report 20-002 Facility Property 1,370,000.00 Duncan Ross (Some funds Review - Update included in 2020 Budget). Value Added Items - Per Staff Report: CAO Report 20-021 Arena Arena Project Project – Value Added Items – Follow-Up to February 13, 2020 310,000.00 Unknown - dependent on items Report approved.

Staff is seeking direction regarding the approval of some of these, or other suggested items from Council, to be financed from this surplus.

Energy Impacts and Renewable Energy Readiness:

There is no energy impacts associated with this report.

Recommendation:

That Council receives Report #20-020 Admin/Treasury – 2019 Surplus – Pending Audit Review as information;

And further, that Council provide further direction regarding the 2019 estimated Surplus.

Respectfully submitted:

Lorrie Blanchard, H.B.Com, CPA, CGA CAO/Treasurer 3

Page 162 of 195

Attachments:

2019 Surplus – Pending Audit Review - Summary by Revenue/Expense Category 2019 Surplus – Pending Audit Review – Summary by Department Head & Department

Page 163 of 195 Township of Minden Hills December 31, 2019 Dept. Head & Dept. Summary

2019 2019 2019 Variance Due to Variance Due to 2019 2019 DeptHeadCode Department Code YTD Actual Budget Budget vs YTD Actual Wages & Benefits Other Forecast Forecast vs. YTD Actual Administration 485,683.79 502,255.00 16,571.21 42,265.00 (25,693.79) 466,315.00 (19,368.79) Election 16,846.14 17,500.00 653.86 - 653.86 17,500.00 653.86 Health and Safety 13.73 3,000.00 2,986.27 - 2,986.27 3,000.00 2,986.27 Accessibility 0.14 - (0.14) - (0.14) - (0.14) Clerk Total 502,543.80 522,755.00 20,211.20 42,265.00 (22,053.80) 486,815.00 (15,728.80) Building and By-Law (1,647.70) (11,285.00) (9,637.30) 15,573.50 (25,210.80) (26,235.00) (24,587.30) Committee of Adjustment 31,645.12 38,050.00 6,404.88 7,633.06 (1,228.18) 38,050.00 6,404.88 Planning 131,824.67 218,750.00 86,925.33 55,393.41 31,531.92 267,500.00 135,675.33 CBO Total 161,822.09 245,515.00 83,692.91 78,599.97 5,092.94 279,315.00 117,492.91 Cemetery-General 22,756.10 131,845.00 109,088.90 104,547.77 4,541.13 55,675.00 32,918.90 Cemetery-Bethel Church 1,473.64 (825.00) (2,298.64) (698.39) (1,600.25) 1,945.00 471.36 Cemetery-Gelert 728.88 300.00 (428.88) (1,761.44) 1,332.56 1,625.00 896.12 Cemetery-Minden (2,362.72) (4,960.00) (2,597.28) (6,584.31) 3,987.03 (4,105.00) (1,742.28) Cemetery-12 Mile 7,487.84 5,000.00 (2,487.84) (4,238.54) 1,750.70 8,880.00 1,392.16 Cemetery - Equipment & Vehicles 212.27 1,000.00 787.73 - 787.73 1,000.00 787.73 Cemetery Total 30,296.01 132,360.00 102,063.99 91,265.09 10,798.90 65,020.00 34,723.99 SG Nesbitt Centre-General 422,918.61 435,030.00 12,111.39 (13,394.13) 25,505.52 433,970.00 11,051.39 SG Nesbitt Centre-Arena (Lower) (34,707.44) (26,400.00) 8,307.44 - 8,307.44 (25,780.00) 8,927.44 SG Nesbitt Centre-Community Centre (Upper) 14,521.60 15,150.00 628.40 - 628.40 16,900.00 2,378.40 SG Nesbitt Centre-Food and Beverage (926.80) (1,000.00) (73.20) 1,061.98 (1,135.18) (1,065.00) (138.20) SG Nesbitt Centre Total 401,805.97 422,780.00 20,974.03 (12,332.15) 33,306.18 424,025.00 22,219.03 Public Washrooms 7,895.19 4,600.00 (3,295.19) - (3,295.19) 7,650.00 (245.19) Lochlin Hall 5,000.00 5,000.00 - (20.79) 20.79 5,000.00 - Irondale Hall 5,000.00 5,000.00 - (214.33) 214.33 5,000.00 - Library 81,411.43 90,305.00 8,893.57 (3,702.36) 12,595.93 79,205.00 (2,206.43) Misc. Facilities Total 99,306.62 104,905.00 5,598.38 (3,937.48) 9,535.86 96,855.00 (2,451.62) Parks-General 175,808.78 178,410.00 2,601.22 89,700.19 (87,098.97) 148,845.00 (26,963.78) Rotary Park 7,320.47 53,300.00 45,979.53 (3,388.69) 49,368.22 6,665.00 (655.47) Panorama Park 3,341.63 2,800.00 (541.63) (420.27) (121.36) 2,415.00 (926.63) Furnace Falls Park 5,140.98 1,575.00 (3,565.98) (1,729.28) (1,836.70) 5,805.00 664.02 Lutterworth Park 665.48 130.00 (535.48) (535.48) - 300.00 (365.48) Snowdon Park 2,474.84 1,850.00 (624.84) (1,042.13) 417.29 1,700.00 (774.84) White Water Park 4,914.71 3,150.00 (1,764.71) (2,117.18) 352.47 5,220.00 305.29 Poker Lakes Trail 153.68 70.00 (83.68) (153.68) 70.00 220.00 66.32 River Banks 752.52 1,000.00 247.48 (752.52) 1,000.00 1,575.00 822.48 Village Green 2,036.58 1,000.00 (1,036.58) (2,036.58) 1,000.00 2,300.00 263.42 Street Horticulture 3,775.37 6,700.00 2,924.63 1,942.61 982.02 5,800.00 2,024.63 Municipal Office 1,435.80 575.00 (860.80) (860.80) - 1,300.00 (135.80) Gateway Gardens 794.91 630.00 (164.91) 125.34 (290.25) 710.00 (84.91) Riverwalk 18,053.15 5,650.00 (12,403.15) (2,668.69) (9,734.46) 13,235.00 (4,818.15) Cultural Centre Grounds 9,048.89 575.00 (8,473.89) (8,473.89) - 3,600.00 (5,448.89) Minden Ball Diamond 19,066.59 9,090.00 (9,976.59) (6,076.10) (3,900.49) 21,800.00 2,733.41 Fairgrounds 15,284.62 5,800.00 (9,484.62) (6,533.58) (2,951.04) 15,125.00 (159.62) Page 164 of 195 Trails 2,733.69 1,300.00 (1,433.69) (423.89) (1,009.80) 1,850.00 (883.69) Skateboard Park 168.62 890.00 721.38 221.38 500.00 485.00 316.38 Tennis Courts and Shuffleboard 581.70 130.00 (451.70) (406.78) (44.92) 420.00 (161.70) Beaches 645.30 130.00 (515.30) (472.02) (43.28) 695.00 49.70 Boat Launches 1,204.01 32,600.00 31,395.99 1,395.99 30,000.00 32,600.00 31,395.99 Lochlin Hall Grounds 3,697.36 890.00 (2,807.36) (3,307.36) 500.00 1,800.00 (1,897.36) Gelert Hall Grounds 331.83 390.00 58.17 58.17 - 325.00 (6.83) Ingoldsby Ball Diamond 767.86 390.00 (377.86) (377.86) - 750.00 (17.86) Irondale Hall Grounds 3,310.76 2,390.00 (920.76) (2,806.81) 1,886.05 4,100.00 789.24 Minden Green Space 97.73 - (97.73) (97.73) - 95.00 (2.73) Other Parks 9,513.51 3,900.00 (5,613.51) (5,288.99) (324.52) 5,320.00 (4,193.51) Vehicle Total 21,615.14 14,870.00 (6,745.14) - (6,745.14) 20,185.00 (1,430.14) Parks Total 314,736.51 330,185.00 15,448.49 43,473.37 (28,024.88) 305,240.00 (9,496.51)

Page 1 of 3 2019 2019 2019 Variance Due to Variance Due to 2019 2019 DeptHeadCode Department Code YTD Actual Budget Budget vs YTD Actual Wages & Benefits Other Forecast Forecast vs. YTD Actual DirCServ Total 846,145.11 990,230.00 144,084.89 118,468.83 25,616.06 891,140.00 44,994.89 Scotchline Landfill 592,402.23 606,725.00 14,322.77 (6,755.22) 21,077.99 768,905.00 176,502.77 Ingoldsby Landfill 91,378.49 93,385.00 2,006.51 (1,802.29) 3,808.80 87,475.00 (3,903.49) Little Gull Landfill 48,321.88 53,760.00 5,438.12 3,330.42 2,107.70 56,600.00 8,278.12 Iron Mine Landfill 47,509.96 56,465.00 8,955.04 3,411.77 5,543.27 59,855.00 12,345.04 Lochlin Landfill 3,681.90 8,150.00 4,468.10 - 4,468.10 8,150.00 4,468.10 Irondale Landfill 52,931.41 72,225.00 19,293.59 (4,099.73) 23,393.32 107,270.00 54,338.59 Steeles Landfill 2,767.91 4,435.00 1,667.09 - 1,667.09 4,435.00 1,667.09 Landfill Total 838,993.78 895,145.00 56,151.22 (5,915.05) 62,066.27 1,092,690.00 253,696.22 Water 0.00 - (0.00) 815.47 (815.47) 5.00 5.00 Waste Water (Sewer) (0.00) - 0.00 39,947.33 (39,947.33) 5.00 5.00 Water & Waste Water Total 0.00 - (0.00) 40,762.80 (40,762.80) 10.00 10.00 Environmental Total 838,993.78 895,145.00 56,151.22 34,847.75 21,303.47 1,092,700.00 253,706.22 Bridges and Culverts-General 86,257.65 87,500.00 1,242.35 10,315.95 (9,073.60) 85,880.00 (377.65) Mowing and Spraying 8,131.47 7,200.00 (931.47) (821.67) (109.80) 7,585.00 (546.47) Brushing and Trimming 117,332.54 127,000.00 9,667.46 10,830.44 (1,162.98) 134,860.00 17,527.46 Ditching 59,313.40 100,000.00 40,686.60 32,556.72 8,129.88 78,000.00 18,686.60 Basins Curbs Gutters 5,005.53 4,300.00 (705.53) 697.47 (1,403.00) 4,515.00 (490.53) Debris Pickup 2,325.55 460.00 (1,865.55) (1,391.05) (474.50) 1,475.00 (850.55) Beaver Control 49,455.73 80,400.00 30,944.27 28,320.23 2,624.04 74,900.00 25,444.27 Patching and Spraying 147,739.91 188,000.00 40,260.09 23,202.81 17,057.28 150,395.00 2,655.09 Sweeping and Flushing 72,312.64 66,600.00 (5,712.64) 6,721.19 (12,433.83) 66,750.00 (5,562.64) Shoulder Maintenance ------Resurfacing 864,077.44 598,300.00 (265,777.44) 6,182.08 (271,959.52) 654,770.00 (209,307.44) Patching and Washouts 46,364.39 97,300.00 50,935.61 34,954.01 15,981.60 82,800.00 36,435.61 Grading and Scarifying 46,174.62 77,650.00 31,475.38 10,542.88 20,932.50 59,900.00 13,725.38 Dust Layer 54,327.31 64,900.00 10,572.69 6,664.80 3,907.89 53,280.00 (1,047.31) Gravel Resurfacing 99,663.61 160,980.00 61,316.39 10,268.34 51,048.05 115,695.00 16,031.39 Snowplowing 297,266.40 313,500.00 16,233.60 11,857.10 4,376.50 294,590.00 (2,676.40) Sanding 341,590.29 293,600.00 (47,990.29) (10,492.97) (37,497.32) 360,955.00 19,364.71 Culvert Thawing 18,451.30 17,000.00 (1,451.30) 148.70 (1,600.00) 18,480.00 28.70 Standby 3,209.61 3,350.00 140.39 140.39 - 3,355.00 145.39 Safety Devices-General 15,594.60 29,100.00 13,505.40 2,962.99 10,542.41 26,200.00 10,605.40 Maintenance Total 2,334,593.99 2,317,140.00 (17,453.99) 183,660.41 (201,114.40) 2,274,385.00 (60,208.99) Minden Shed 44,268.46 57,850.00 13,581.54 (1,777.54) 15,359.08 33,900.00 (10,368.46) Lutterworth Shed 43,046.08 83,480.00 40,433.92 (718.61) 41,152.53 33,215.00 (9,831.08) Snowdon Shed 31,126.76 53,580.00 22,453.24 (3,187.27) 25,640.51 30,010.00 (1,116.76) Shed Total 118,441.30 194,910.00 76,468.70 (5,683.42) 82,152.12 97,125.00 (21,316.30) Overhead-General 531,271.35 78,225.00 (453,046.35) (128,283.94) (324,762.41) 424,375.00 (106,896.35) Road Construction 130,634.83 88,400.00 (42,234.83) - (42,234.83) 350,315.00 219,680.17 Vehicle Total (51,283.11) (255.00) 51,028.11 25,827.57 25,200.54 (64,500.00) (13,216.89) Roads Capital 596,257.08 918,000.00 321,742.92 - 321,742.92 637,675.00 41,417.92 Streetlights 51,178.57 60,500.00 9,321.43 - 9,321.43 51,355.00 176.43 Sidewalks 8,213.55 25,600.00 17,386.45 8,215.99 9,170.46 13,635.00 5,421.45 Roads Total 3,719,307.56 3,682,520.00 (36,787.56) 83,736.61 (120,524.17) 3,784,365.00 65,057.44 DirPW Total 4,558,301.34 4,577,665.00 19,363.66 118,584.36 (99,220.70) 4,877,065.00 318,763.66 Cultural Centre-Building 29,307.76 32,940.00 3,632.24 - 3,632.24 29,560.00 252.24 Page 165 of 195 Cultural Centre-Operations 55,552.39 42,310.00 (13,242.39) (4,555.49) (8,686.90) 58,000.00 2,447.61 Art Gallery 135,793.55 148,330.00 12,536.45 3,007.11 9,529.34 144,605.00 8,811.45 Museum 33,877.76 39,270.00 5,392.24 9,596.24 (4,204.00) 41,040.00 7,162.24 Nature's Place 11,569.24 18,200.00 6,630.76 - 6,630.76 17,405.00 5,835.76 Cultural Ctre. Total 266,100.70 281,050.00 14,949.30 8,047.86 6,901.44 290,610.00 24,509.30 Recreation Programming-General and Admin 95,303.22 97,700.00 2,396.78 407.46 1,989.32 101,890.00 6,586.78 Family Events/Concerts (415.37) 1,900.00 2,315.37 1,300.00 1,015.37 2,000.00 2,415.37 Volunteer Recognition 6,633.85 13,100.00 6,466.15 2,600.00 3,866.15 13,100.00 6,466.15 Programs (3,564.40) (3,200.00) 364.40 1,300.00 (935.60) (1,700.00) 1,864.40 Canada Day 5,970.45 12,400.00 6,429.55 3,900.00 2,529.55 9,905.00 3,934.55 Street Decorating 8,114.07 11,100.00 2,985.93 2,600.00 385.93 11,100.00 2,985.93 Santa Claus Parade 1,959.85 6,850.00 4,890.15 2,600.00 2,290.15 6,850.00 4,890.15 Programs and Promotions Total 114,001.67 139,850.00 25,848.33 14,707.46 11,140.87 143,145.00 29,143.33

Page 2 of 3 2019 2019 2019 Variance Due to Variance Due to 2019 2019 DeptHeadCode Department Code YTD Actual Budget Budget vs YTD Actual Wages & Benefits Other Forecast Forecast vs. YTD Actual Economic Development 103,470.54 135,680.00 32,209.46 4,120.88 28,088.58 104,820.00 1,349.46 EDDMO Total 483,572.91 556,580.00 73,007.09 26,876.20 46,130.89 538,575.00 55,002.09 Fire 423,997.25 507,800.00 83,802.75 62,779.51 21,023.24 500,700.00 76,702.75 Vehicles 25,165.63 14,950.00 (10,215.63) - (10,215.63) 21,850.00 (3,315.63) Emergency Preparedness 46,416.46 47,000.00 583.54 - 583.54 45,500.00 (916.46) Emergency Events 61,509.13 - (61,509.13) (29,493.36) (32,015.77) 61,505.00 (4.13) FireChief Total 557,088.47 569,750.00 12,661.53 33,286.15 (20,624.62) 629,555.00 72,466.53 Property 220,979.98 210,665.00 (10,314.98) 36,063.33 (46,378.31) 210,000.00 (10,979.98) U-Links Building (958.44) (890.00) 68.44 - 68.44 (800.00) 158.44 Council 197,495.54 219,245.00 21,749.46 15,862.07 5,887.39 196,000.00 (1,495.54) Financial (10,304,433.98) (9,768,690.00) 535,743.98 33,475.25 502,268.73 (10,125,800.00) 178,633.98 Policing 1,858,072.11 1,861,175.00 3,102.89 - 3,102.89 1,861,200.00 3,127.89 Minden Medical Clinic 15,000.00 16,000.00 1,000.00 - 1,000.00 15,000.00 - Treasurer Total (8,013,844.79) (7,462,495.00) 551,349.79 85,400.65 465,949.14 (7,844,400.00) 169,444.79 Grand Total (904,371.07) - 904,371.07 503,481.16 400,889.91 (141,935.00) 762,436.07 Page 166 of 195

Page 3 of 3 Township of Minden Hills Financial Position (Unaudited) December 31, 2019 Category Summary

2019 2019 2019 2019 YTD (Unaudited) Annual $ Remaining % Remaining 2018 2018 Category Actual Budget Budget vs. Actual Budget vs. Actual YTD Actual Annual Actual

Wages Total 2,901,602.63 3,260,695.00 359,092.37 11.01% 2,722,700.09 2,722,700.09 Benefits Total 851,946.22 996,335.00 144,388.78 14.49% 829,764.83 829,764.83 Materials Supplies Bldg Rpr and Mtce Total 888,603.20 1,364,460.00 475,856.80 34.88% 1,052,609.82 1,052,609.82 Equip Purch Rental Rprs and Mtce Total 447,928.49 498,500.00 50,571.51 10.14% 526,446.04 526,446.04 Fees and Services Total 5,027,079.24 4,794,345.00 (232,734.24) -4.85% 4,326,827.94 4,326,827.94 Internal Transfers Total 35,600.04 22,815.00 (12,785.04) -56.04% 35,600.04 35,600.04 Utilities Heat Phone and Insce Total 691,042.20 727,425.00 36,382.80 5.00% 768,023.62 768,023.62 Vehicles Total 434,289.55 475,180.00 40,890.45 8.61% 413,771.15 413,771.15 Grants to Others Total 49,489.62 51,500.00 2,010.38 3.90% 76,083.34 76,083.34 Debt Repayment Total 71,550.12 71,600.00 49.88 0.07% 76,540.20 76,540.20 Capital Total 8,022,309.48 5,947,662.00 (2,074,647.48) -34.88% 2,188,011.91 2,188,011.91 Contribution to Reserves Total 1,913,911.27 1,393,190.00 (520,721.27) -37.38% 1,362,874.45 1,362,874.45 Other Total 2,136.96 3,500.00 1,363.04 38.94% - - Total Expenses 21,337,489.02 19,607,207.00 (1,730,282.02) -8.82% 14,379,253.43 14,379,253.43

Taxation and User Fees Total (9,555,728.81) (9,479,005.00) 76,723.81 -0.81% (9,041,244.63) (9,041,244.63) Sales, Project Financing and Rentals Total (7,297,165.80) (4,882,776.00) 2,414,389.80 -49.45% (362,486.37) (362,486.37) Licence Permits Fees and Fines Total (849,583.35) (787,900.00) 61,683.35 -7.83% (788,174.58) (788,174.58) Donations Total (12,856.82) (14,100.00) (1,243.18) 8.82% (10,769.04) (10,769.04) Interest and Penalties Total (471,246.04) (318,700.00) 152,546.04 -47.87% (431,628.61) (431,628.61) Grants Total (3,156,665.89) (2,328,655.00) 828,010.89 -35.56% (2,464,414.87) (2,464,414.87) Contribution from Reserves and Funds Total (898,613.38) (1,753,071.00) (854,457.62) 48.74% (1,952,783.75) (1,952,783.75) Equipment Sales Total - (43,000.00) (43,000.00) 100.00% (20,833.88) (20,833.88) Total Revenues (22,241,860.09) (19,607,207.00) 2,634,653.09 -13.44% (15,072,335.73) (15,072,335.73)

Net Total (904,371.07) - 904,371.07 (693,082.30) (693,082.30) Page 167 of 195 MEMO TO: Mayor and Members of Council

FROM: Lorrie Blanchard, CAO/Treasurer

DATE: May 14, 2020

RE: Report # 20-021 Admin/Treasury Arena Project – Value Added Items – Follow-Up to February 13, 2020 Report

Purpose:

The purpose of this report is to provide Council with further information as it relates to the Arena Project value added items and previous staff reports.

Background:

At the December 12, 2019 meeting of Council, Council received a report from the Director of Community Services regarding the arena project value added items (CSD Report 19-43 Arena IPD - Monthly Progress Report for October). Council directed that a further report be provided by Staff that reconciled the report received at this meeting to previously approved and prioritized items.

A further report was provided by the CAO/Treasurer (CAO Report 20-010 Arena Project – Value Added Items and December 31, 2019 Financial Update) at the February 13, 2020 meeting, and Staff was further directed to provide a more concise report that reflects the list and cost of outstanding items, as well as any anticipated surplus related to the base budget.

This revised reconciliation is attached for Council’s review and consideration. Of note:

 Original approvals and priorities have been balanced to an original estimated cost of $383,787, including approved early integration costs of $40,000.  Components to be funded by the Ontario Trillium Foundation ($150,000) have been identified, including amounts already expensed ($14,162.11), and estimated amounts outstanding ($131,856).  Amounts approved for early integration and now complete have been identified in the orange columns: Total - $40,818.41 ($818.41 in excess of approval).  Future estimated costs are identified in the pink columns – Total $440,143.20. Of this total, $131,856 would be funded by OTF, with the balance of approximately $310,000 to be determined by Council.

The original budget project was $12,494,570. An additional $250,000 was approved by Council in December 2019, increasing the budget to $12,744,570. MBC has advised 1

Page 168 of 195 that, based on completed tenderers and items that remain outstanding, a project surplus is unlikely. Staff is seeking direction from Council regarding the approval of any added value items, as well as the source of funding.

Financial Implications:

See summary and details provided above.

Outstanding amounts, as provided by MBC, were estimated in February, 2020.

The following table provides current interest rates and various previous and revised calculations for Council’s review and consideration:

Current Interest Rates (May 7, 2020) Construction 0.76% Debenture - 30 Yr. 2.43%

Used for Prel. Calculations Construction 2.69% Debenture - 30 Yr. 3.58%

2020 Tax Levy 8,880,320.00 1% of Levy 88,803.20

Estimated Annual Pymt-3.58% - Based on Est. Project Cost Eligible for Debenture (excluding value added items) 645,000.00

Estimated Annual Pymt-2.43% Based on Est. Project Cost Eligible for Debenture (including addn'l budget & excluding value added items). 558,610.00

Estimated Annual Pymt-2.43% Based on Est. Project Cost Eligible for Debenture (including addn'l budget & including estimated cost of value added items). 573,225.00

Total Debenture Advances to Date 8,000,000.00

Construction Interest Paid to Date 22,822.08

Construction - Initial (Est.) Calculations 155,000.00

Energy Impacts and Renewable Energy Readiness:

There are no energy impacts associated with this report. 2

Page 169 of 195 Recommendation:

That “Report #20-021 Admin/Treasury – Arena Project – Value Added Items – Follow-Up to February 13, 2020 Report” be received as information;

And further, that Council provides direction regarding the approval of any of the value items related to the Arena Project, including source of funding.

Respectfully submitted:

Lorrie Blanchard CAO/Treasurer

Attachment: Summary of Value Added Items – February 8, 2020

Page 170 of 195 Township of Minden Hills Arena Project Value Added Items @ February 8, 2020

Per October 10, 2019 RTC #19-37 Per December 12, 2019 RTC #19-43 & Additional Information Per MBC Cost Excluding Early Part of Ontario Item Priority OTF Early Integration Early Integration Integration Control No Longer Trillium Fund Complete - Complete- Complete- Outstanding Outstanding Outstanding # Rating Applic. Item Element Integration Costs Total Cost Complete Budget Applicable (OTF) Applic. Value Mark-Up Total (Est.) Costs (Est.) Mark-Up (Est.) Total Canopy at Rear Entrance Foundations and 20,675.00 4,325.00 25,000.00 - 25,000.00 5,750.00 30,750.00 1 1 embedded structure Design Integration for early - 20,000.00 20,000.00 P - 2 1 elements Electric Bleacher Heating Power - 1,000.00 1,000.00 P - 2,944.90 677.33 3,622.23 3 1 (Schwank) Fitness Room Access Control Pathways and hardware 3,800.00 1,000.00 4,800.00 P - 1,052.22 242.01 1,294.23 6,000.00 1,380.00 7,380.00 4 1 Gym Wall Padding Instead of (54,288.00) (54,288.00) P - 5 1 Acoustic Panels Yes Motorized Retractable future power and 10,000.00 1,000.00 11,000.00 P 11,000.00 11,010.00 11,010.00 Basketball Back-stops Upgrade controls 6 1 Other Gym Upgrades 1,048.00 1,048.00 7 P Basketball Back-stop Motorized - - - P 6,120.74 1,407.77 7,528.51 395.00 90.85 485.85 8 1 Upgrade Motorized Sectional OH Door Power and controls 600.00 500.00 1,100.00 P - 3,350.48 770.61 4,121.09 1,145.00 263.35 1,408.35 9 1 Paving of balance of Parking Lot Impacts earthworks GB 56,000.00 - 56,000.00 - 56,000.00 12,880.00 68,880.00 10 1 offset credit Projector Screen & Projector future power and data 5,500.00 575.00 6,075.00 P - 3,834.36 881.90 4,716.26 1,000.00 230.00 1,230.00 11 1 Yes Roll-up Gym Divider Structure, ductwork, 4,400.00 6,600.00 11,000.00 P 11,000.00 2,562.69 589.42 3,152.11 5,000.00 1,150.00 6,150.00 lighting, power, controls and sprinkler

Page 171 of 195 coordination 12 1 Sprinklering 2nd Floor 18,000.00 - 18,000.00 - 18,000.00 4,140.00 22,140.00 community space and scouts 13 1 room LED Message Centre Foundation, power and 21,000.00 4,000.00 25,000.00 - 25,000.00 5,750.00 30,750.00 14 2 data feeds Repainting Existing Community 2,500.00 - 2,500.00 - 2,500.00 575.00 3,075.00 15 2 Centre

Page 1 of 2 Per October 10, 2019 RTC #19-37 Per December 12, 2019 RTC #19-43 & Additional Information Per MBC Cost Excluding Early Part of Ontario Item Priority OTF Early Integration Early Integration Integration Control No Longer Trillium Fund Complete - Complete- Complete- Outstanding Outstanding Outstanding # Rating Applic. Item Element Integration Costs Total Cost Complete Budget Applicable (OTF) Applic. Value Mark-Up Total (Est.) Costs (Est.) Mark-Up (Est.) Total Yes Retractable or Portable Stage Power 21,000.00 1,000.00 22,000.00 22,000.00 17,000.00 3,910.00 20,910.00 16 2 Artistic Murals & Reproductions 14,000.00 - 14,000.00 - 14,000.00 3,220.00 17,220.00 17 3 18 3 Cold Water Process System 35,000.00 - 35,000.00 - 35,000.00 8,050.00 43,050.00 Phenolic Lockers Instead of 10,000.00 - 10,000.00 P - 19 3 HDPE Phenolic Toilet Partitions 10,000.00 - 10,000.00 P - 20 3 instead of HDPE 21 4 Advertising frames 8,000.00 - 8,000.00 - 8,000.00 1,840.00 9,840.00 22 4 Yes Court Posts/net systems 6,000.00 - 6,000.00 6,000.00 4,800.00 1,104.00 5,904.00 23 4 Yes Fitness Room Equipment Outlet location 78,000.00 - 78,000.00 78,000.00 60,000.00 13,800.00 73,800.00 Yes Mobile Storage Wire Shelving 15,000.00 - 15,000.00 15,000.00 14,700.00 3,381.00 18,081.00 24 4 Office & Lobby Furniture & 43,000.00 - 43,000.00 - 50,000.00 11,500.00 61,500.00 25 4 Equipment Site benches (exterior) 3,000.00 - 3,000.00 - 26 4 P Yes Sports balls, rackets, tables, 7,000.00 - 7,000.00 7,000.00 5,700.00 1,311.00 7,011.00 27 4 chairs 28 4 Window Shades 5,600.00 - 5,600.00 - 5,600.00 1,288.00 6,888.00 Event power - - - 3,517.06 808.92 4,325.98 29 New P Bike Racks - - - 3,000.00 690.00 3,690.00 30 New P Imbedded Games Lines in Lieu - - - P 31 New of Painted Polymer coating on Mullions - - - P 32 New Total 343,787.00 40,000.00 383,787.00 150,000.00 35,440.45 5,377.96 40,818.41 357,840.00 82,303.20 440,143.20 (40,000.00) 818.41 OTF 131,856.00

Page 172 of 195 Priority #1 64,687.00 35,000.00 99,687.00 22,000.00 Other 308,287.20 Priority #2 44,500.00 5,000.00 49,500.00 - 440,143.20 Priority #3 69,000.00 - 69,000.00 22,000.00 Priority #4 165,600.00 - 165,600.00 106,000.00 New 363,600.00 12,675.00 376,275.00 - 343,787.00 40,000.00 383,787.00 150,000.00 (14,162.11) Completed (131,856.00) Est. Outstanding 3,981.89 Difference

Page 2 of 2

REPORT TO: Mayor and Members of Council

FROM: Lorrie Blanchard, CAO/Treasurer

DATE: May 14, 2020

RE: Report # 20-022 Admin/Treasury Final Tax Billing and Misc. Accounts Receivable Due Dates

Purpose:

The purpose of this report is to seek direction from Council regarding the 2020 Final Tax Billing due dates, as well as the due dates for misc. accounts receivable billings.

Background:

Due to the required Staff time to process and mail the 2020 Final Tax Billing; and in reference to the attached letter from Assistant Deputy Minister, Allan Doheny, with a particular focus on the following:

The Minister of Finance has announced the deferral of the upcoming quarterly (June 30) municipal remittance of education property taxes to school boards, as well as the deferral of the September 30 quarterly municipal remittance to school boards. Deferring these payments by 90 days each will provide municipalities the flexibility to, in turn, provide property tax deferrals to local residents and businesses.

Staff are seeking direction regarding the 2020 final tax billing due dates, and the extension of due dates for misc. accounts receivable accounts and billings.

Due Date Extensions:

Due to the closure of all Township facilities, the Emergency Control Group (delegated authority) approved the following:

 the extension of the March 20, 2020 1st installment of the interim tax billing to April 24th, with a further extension to May 29, 2020;  an extension of the May 22, 2020 2nd installment of the interim tax billing to June 26, 2020;  for interest calculation purposes, that a request be made to iCity to reset the due dates of the 2020 interim tax bill, as provided above; 1

Page 173 of 195  that interest continue to be calculated on amounts that remain unpaid and that exceed the current due date(s);  that the calculation of interest also be suspended on current misc. accounts receivable accounts until May 31, 2020, and that payment of future billings be deferred until June 30, 2020;  that Staff be directed to continue to process pre-authorized payments and all other payments, regardless of the purpose; as they are received and including the deposit of same.

Of note, penalty is calculated at the beginning of each month, and the three (3) to seven (7) day lag allows staff time to process all payments to the end of the previous month.

2020 Final Tax Billing:

Below is a summary of outstanding taxes at April 30, 2020, and 2019/2020 comparative numbers:

Township of Minden Hills

Month End Balances on Tax Arrears 2020 1140000-1200 1140000-1250 1140000-1210 1140000-1250 1140000-1220 1140000-1250 1140000-1230 1140000-1250 Current Current Year 1 Year 1 Year 2 Year 2 Year 3 Year 3 Total Taxes Penalty Taxes Penalty Taxes Penalty Taxes Penalty 01-Jan-20 - 132,896.07 - 635,094.77 40,394.11 210,627.93 21,263.21 226,222.95 31,001.59 1,031,708.49 January-2020 -159,659.53 112.95 648,296.11 41,958.95 188,539.66 20,205.06 222,891.64 32,097.35 994,442.19 February-2020 8,119,949.10 62.28 602,663.52 39,211.17 162,680.42 17,133.21 217,649.23 34,351.60 9,193,700.53 March-2020 4,470,101.56 579.07 522,637.96 40,113.75 152,611.51 16,781.08 215,505.52 35,551.02 5,453,881.47 April-2020 3,916,693.72 579.07 500,326.12 42,367.19 150,800.49 17,046.70 213,030.15 34,445.86 4,875,289.30 May-2020 0.00 June-2020 0.00 July-2020 0.00 August-2020 0.00 September-2020 0.00 October-2020 0.00 November-2020 0.00 December-2020 0.00

Interim Tax Billing-50% of 2019 Adj. Taxes 8,763,147.83 Current Balance - April 30/20 3,916,693.72 Balance Outstanding 4,846,454.11 55.30%

Jan-April/20 Payments Received 5,112,371.63 Jan-April/19 Payments Received 5,060,135.50 Increase in Payments 52,236.13 1.03%

It’s important to note that, had the 1st installment of the interim billing not been extended to May 29th, one might expect the Current Taxes outstanding to be 50% of the amount billed (vs. 55%). Given that some properties continually remain uncollected, regardless of the due date, the 5% differential is not unreasonable and is largely due to payments received

Page 174 of 195 prior to the due date extensions, pre-authorized payments, and mortgage companies that often pay both installments and who have remitted based on the original due date.

The following table outlines the current due dates for each of the tax billings:

Billing Installment Date Extension 2020 Interim Tax Billing 1st March 20 May 29 2nd May 22 June 26 2020 Final Tax Billing 1st July 24 2nd September 18

If Council wishes to consider extending the due dates for the final billing, the following would be recommended:

Billing Installment Date Extension 2020 Interim Tax Billing 1st March 20 May 29 2nd May 22 June 26 2020 Final Tax Billing 1st July 24 August 21 2nd September 18 October 23

Penalty and Interest:

As per By-Law 20-34, being a by-law to authorize levying the rates of taxation for 2020 to establish the due date for the payment of taxes and to provide for penalty and interest to be added to unpaid taxes:

That interest at the rate of 1 ¼% per month shall be charged on all due and unpaid taxes. Such interest shall be added on the first day of each and every month until taxes, and interest are paid in full. and By-Law 19-140 (Fees & Charges): 1.25% per month, added on first day of each and every month that amounts are outstanding.

For further clarity, penalty/interest is not calculated on unpaid penalties/interest; and payments will be credited first to all interest and penalty charges for all years and then to the oldest overdue taxes.

The following table summarizes penalty and interest revenue for all outstanding taxes for the period January to May 2020 vs. 2019:

Jan-May/20 Penalties & Interest Revenue 60,971.46 Jan-May/19 Penalties & Interest Revenue 77,500.48 Decrease in Revenue (16,529.02) -21.33%

The 2020 budget included $205,000 for penalty on taxes (no change from 2019). The amount calculated to May 2020 represents 29.74% of budget, vs. 41.67 % - based on a 12 month equal distribution.

Page 175 of 195 The next tables summarizes penalty and interest calculated on current taxes only. The highlighted amounts represent the calculated monthly interest following each due date.

Month 2019 2020 January 24.33 - February 30.94 - March (2.62) - April 7,183.38 - May 4,834.05 - January-May sub-total 12,070.08 -

June 10,346.98 July 8,130.57 August 12,732.33 September 10,846.33 October 17,111.01 November 10,544.42 December 9,244.99 91,026.71 -

Misc. Accounts Receivable:

In addition to taxes, Staff are also seeking direction regarding the application of interest to outstanding misc. Accounts Receivable accounts (i.e. landfill tipping fees, facility rentals, etc.). A summary of current balances is provided below:

Current (182.00) 20-60 Days - 61-90 Days 1,021.07 Over 90 Days 2,556.43 3,395.50

The Township normally allows 30 days for the payment of misc. receivables, and staff are seeking direction regarding a possible extension of this timeline for future billings. It is anticipated that, due to the continued closure of the arena, the majority of any future billings will relate to landfill tipping fees, as it applies to contractor accounts.

Payments to County of Haliburton and Board of Education:

As noted above, the Province has extended the June and September 30th due dates for education taxes by ninety (90) days. The following table summaries these due dates for the Board of Education and the County of Haliburton, as they are currently known:

Page 176 of 195 Payee Amount Due Date Extension School Board English 1,023,813.73 March 31 Paid French 1,179.42 March 31 Paid County of Haliburton 1,217,574.37 March 31 Paid 2,242,567.52

School Board English 984,351.37 June 30 Sept. 28 French 1,176.78 June 30 Sept. 28 County of Haliburton 1,334,545.12 June 30 Unknown School Board English 1,004,082.55 Sept. 30 Dec. 29 French 1,178.10 Sept. 30 Dec. 29 County of Haliburton 1,276,059.75 Sept. 30 Unknown School Board English 1,004,082.55 Dec. 15 Dec. 15 French 1,178.10 Dec. 15 Dec. 15 County of Haliburton 1,276,059.75 Dec. 15 Dec. 15 6,882,714.07

9,125,281.59

Bank Interest Income:

Due to lower interest rates, bank interest income is anticipated to be lower than budgeted. Based on a 12 month equal distribution, the following table outlines the 2020 budget vs. year-to-date actual income:

Month 2020 Budget 2020 Actual % of Budget Interest Rate January 11,250.00 17,107.75 1.52% 2.25% February 11,250.00 14,271.60 1.27% 2.25% March 11,250.00 11,678.34 1.04% 2.25% April 11,250.00 11,196.06 1.00% 1.54% May 11,250.00 8,500.44 0.76% 0.75% January-May sub-total 56,250.00 62,754.19 1.12%

June 11,250.00 July 11,250.00 August 11,250.00 September 11,250.00 October 11,250.00 November 11,250.00 December 11,250.00 135,000.00 125,508.38

Page 177 of 195 Financial Implications:

As provided above.

Energy Impacts and Renewable Energy Readiness:

There is no energy impacts associated with this report.

Recommendation:

That Report 20-022 Admin/Treasury – Final Tax Billing and Misc. Accounts Receivable Due Dates be received as information;

And further, that Council provide direction regarding the 2020 final tax billing due dates, and the extension of due dates for misc. accounts receivable accounts and billings

Respectfully submitted:

Lorrie Blanchard, Treasurer, H.B Com, CPA, CGA

Attachments: Ministry of Finance Letter, March 25, 2020

Page 178 of 195 Ministry of Finance Ministère des Finances

Provincial-Local Division des relations provinciales- Finance Division municipales en matière de finances 10th Floor 10e étage 777 Bay Street 777 rue Bay Toronto ON M5G 2C8 Toronto ON M5G 2C8

Tel.: 416 327 0264 Tél. : 416 327 0264 Fax.: 416 325 7644 Téléc.: 416 325 7644

March 25, 2020

Dear Municipal Treasurer / Clerk-Treasurer:

I am writing to follow up on the Minister of Finance’s letter that was sent to your Head of Council today by providing you with further details on a number of property tax initiatives that were announced in Ontario’s Action Plan: Responding to COVID-19 (March 2020 Economic and Fiscal Update).

Deferral of Education Property Tax Remittance

The Province recognizes that many residents and businesses are facing challenges in making their scheduled property tax payments. We have been working closely with municipalities as they introduce measures to provide property tax relief, for example, by allowing taxpayers to defer property tax payments. In particular, we have been having discussions with members of the Property Assessment and Taxation Review Municipal Advisory Committee regarding potential measures.

In order to support and encourage municipal tax relief measures, the government announced that it is deferring the property tax payments that municipalities make to school boards by 90 days. This is consistent with requests that we have received from a number of municipalities and municipal organizations.

To ensure this deferral does not have a financial impact on school boards, the Province will adjust payments to school boards to offset the deferral.

Page 179 of 195 2021 Reassessment

The government will also be postponing the planned property tax reassessment for 2021, reflecting input that has been received from a number of municipal leaders. This will ensure that municipal governments are able to focus their attention on critical public health initiatives and other efforts to manage the local response to the COVID-19 outbreak. Postponing the reassessment will also provide stability for Ontario’s property taxpayers and municipalities.

Postponing the reassessment means that property assessments for the 2021 taxation year will continue to be based on the same valuation date that was in effect for the 2020 taxation year. The Municipal Property Assessment Corporation (MPAC) will continue to maintain the assessment roll and ensure that it is updated to reflect changes such as new construction.

As part of our ongoing consultations with municipalities and taxpayers through the Property Assessment and Taxation Review, we will be discussing potential approaches for the next reassessment. The focus will be on maintaining stability for property owners and municipalities.

Appeal Deadlines

In addition, I want to make you aware that the government has issued a regulation under the Emergency Measures and Civil Protection Act which suspends the application of limitation periods and related deadlines under provincial legislation for the duration of the current emergency period. As a result, the deadlines for submitting Requests for Reconsideration (RfRs) to MPAC and appeals to the Assessment Review Board (ARB) will be extended until after the emergency declaration is lifted.

Information on the deadline extension for RfRs is posted on MPAC’s website. Property owners who have questions regarding how the deadline extension may apply to the circumstances of their specific RfR or appeal should contact MPAC or the ARB.

Additional Support for Municipalities

As noted in the Minister of Finance’s letter to your Head of Council, as we work with our municipal partners to help stop the spread of COVID-19, the government is providing nearly $250 million of direct support that will assist municipalities in their efforts.

As the COVID-19 outbreak continues to evolve, we will continue to work closely in partnership with municipalities to ensure stability for Ontario’s property tax system.

Page 180 of 195 If you have any questions related to the property tax decisions noted above, please contact Chris Broughton, Director of the Property Tax Policy Branch at [email protected] or 416-455-6307.

Sincerely,

Allan Doheny Assistant Deputy Minister

c: Greg Orencsak, Deputy Minister, Ministry of Finance Kate Manson-Smith, Deputy Minister, Ministry of Municipal Affairs and Housing

Page 181 of 195 The Corporation of the Township of Minden Hills

By-Law No. 20-56

Being a By-Law to Enter into a Site Plan Agreement Between the Corporation of the Township of Minden Hills and Sharon Lee Luke (File PLSPR2019056)

WHEREAS Council for the Corporation of the Township of Minden Hills has passed By- law 14-48 pursuant to Section 41 of the Planning Act, RSO 1990, c.P. 13 and has designated all of the land within the boundaries of the Township of Minden Hills as a Site Plan Control Area; AND WHEREAS, Sharon Lee Luke (the “Owner”) propose to develop lands being located in Part of Lot 3, Concession ‘A’, in the Geographic Township of Anson, in the Township of Minden Hills; AND WHEREAS, as a requirement and condition of such development, the Corporation of the Township of Minden Hills has requested that the Owner enter into a Site Plan Agreement; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to enter into the Site Plan Agreement, substantially in the form of Schedule “A”, attached hereto and forming part of this By-Law. 2. That this By-law shall come into force and take effect on the date of its final passing.

READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of May, 2020.

______Brent Devolin, Mayor

______Victoria Bull, Clerk

Page 182 of 195 The Corporation of the Township of Minden Hills

By-Law No. 20-57

Being a By-Law to Authorize a License of Occupation Agreement Between the Corporation of the Township of Minden Hills and Kris Braiden & Peter Mason (File PLOCC2019006)

WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 8 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising it authority under the Municipal Act, 2001, S.O. 2001, c. 25 or any other Act; AND WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 28 provides for jurisdiction over highways by local municipalities; AND WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 30 provides that a highway is owned by the municipality that has jurisdiction over it subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills deems it advisable to enter into license agreements to regulate and control the use of such portion of highways (Shore Road Allowances) under the jurisdiction of the local municipality for the purpose of placing docks; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills has enacted Policy No. 45 being a policy Establishing the Fees, Costs and Certain Procedures for an Application for Use of Original Shore Road Allowances AND WHEREAS, the Occupant owns property having deeded access to Twelve Mile Lake having the Roll Number 4616-032-000-81600, and has applied to the Township of Minden Hills pursuant to Policy No. 45 in order to permit the addition to an existing dock located at the shoreline; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills deems it desirable and expedient to enter into an agreement permitting such; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to enter into the License of Occupation Agreement between the Township of Minden Hills and Kris Braiden & Peter Mason, attached hereto as Schedule ‘A’, and forming part of this By-Law. 2. That this By-law shall come into force and take effect on the date of its final passing.

READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of May, 2020.

______Brent Devolin, Mayor

______Victoria Bull, Clerk

Page 183 of 195 The Corporation of the Township of Minden Hills

By-Law No. 20-58

Being a By-Law to Authorize a License of Occupation Agreement Between the Corporation of the Township of Minden Hills and Don & Pat Maulson (File PLOCC2020027)

WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 8 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising it authority under the Municipal Act, 2001, S.O. 2001, c. 25 or any other Act; AND WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 28 provides for jurisdiction over highways by local municipalities; AND WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 30 provides that a highway is owned by the municipality that has jurisdiction over it subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills deems it advisable to enter into license agreements to regulate and control the use of such portion of highways (Shore Road Allowances) under the jurisdiction of the local municipality for the purpose of placing docks; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills has enacted Policy No. 45 being a policy Establishing the Fees, Costs and Certain Procedures for an Application for Use of Original Shore Road Allowances AND WHEREAS, the Occupant owns property along Water Street and the Minden Riverwalk having the Roll Number 4616-033-000-42500 which adjoins the highway, has applied to the Township of Minden Hills pursuant to Policy No. 45 in order to recognize the existing dock adjacent to their property; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills deems it desirable and expedient to enter into an agreement permitting such; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to enter into the License of Occupation Agreement, attached hereto as Schedule ‘A’, and forming part of this By-Law. 2. That this By-law shall come into force and take effect on the date of its final passing.

READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of May, 2018.

______Brent Devolin, Mayor

______Victoria Bull, Clerk

Page 184 of 195 The Corporation of the Township of Minden Hills

By-Law No. 20-59

Being a By-law to authorize the acceptance of land described as Part of Lot 11, Concession 5 in the geographic Township of Minden, in the County of Haliburton being Part 3 on Plan 19R-10374 and to Deem such lands as a part of the Road System

WHEREAS, Section 27 of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes a municipality to pass by-laws in respect of Highways; AND WHEREAS, Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a municipality has the capacity, rights, owners and privileges of a natural person for the purpose of exercising its authority under this or any other act; AND WHEREAS, Section 31(6) of the Municipal Act, 2001, S.O. 2001, c. 25 describes that land acquired by a Municipality for the purpose of widening a highway forms part of the highway to the extent of the designated widening; AND WHEREAS, the owners of the lands wish to dedicate to the Township of Minden Hills certain lands located in Part of Lot 11, Concession 5 in the geographic Township of Minden, now in the Township of Minden Hills, in the County of Haliburton, and being more particularly described in Schedule “A” attached hereto and forming a part of this by-law; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills is desirous of accepting title to land described in the attached Schedule “A” to this By-law; NOW THEREFORE, the Council of the Corporation of the Township of Minden Hills enacts as follows: 1. That the Council of the Corporation of the Township of Minden Hills accepts title to those lands described in the attached Schedule “A” to this By-law; 2. That the said lands be and they are hereby assumed by the Corporation of the Township of Minden Hills; 3. That Parts 3 on Plan 19R-10374 is hereby dedicated as part of the Road System of the Corporation of the Township of Minden Hills for the road on which it is situated; 4. That the Mayor and Clerk are hereby authorized to sign any and all necessary documents to complete this transaction on behalf of the Corporation of the Township of Minden Hills.

READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of May, 2020.

Brent Devolin, Mayor

Victoria Bull, Clerk

Schedule “A”

Part of Lot 11, Concession 5 in the Geographic Township of Minden in the County of Haliburton, and designated as Part 3 on Plan 19R-10374.

Page 185 of 195 The Corporation of the Township of Minden Hills

By-Law No. 20-60

Being a By-law to amend By-law No.06-10, as amended, with respect to Part of Lot 3, Concession ‘A’, in the Geographic Township of Minden. (Application: PLZBA2020011) WHEREAS, the Council of The Corporation of the Township of Minden Hills is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O.1990, c. P.13, as amended; AND WHEREAS, the owner of Part of Lot 3, Concession ‘A’, in the Geographic Township of Minden, has filed an application with the Township of Minden Hills to amend By-law No. 06-10, as amended; AND WHEREAS, the rezoning complies with the general intent of the Official Plan for the Township of Minden Hills; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills has held a public meeting to solicit input; AND WHEREAS, the applicant has proposed a change from three (3) to five (5) dwelling units and it is the determination of the Council of The Corporation of the Township of Minden Hills that the change to the proposed by-law is minor in nature and no further notice need be given in respect of the proposed by-law pursuant to Section 34(17) of the Planning Act, R.S.O.1990, c. P.13, as amended; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills deems it appropriate to rezone such lands identified in Schedule ‘A’, attached hereto; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills enacts as follows: 1. That the Township of Minden Hills Zoning By-law No. 06-10, as amended, is hereby further amended by adding the following subsection immediately following subsection 5.4.4.4: 5.4.4.5 Village Commercial Exception Four (C4-4) Zone Part of Lot 3, Concession 'A', Minden, Schedule 22 Notwithstanding any other section of this by-law to the contrary, on lands zoned Village Commercial Exception Four (C4-4) Zone, in addition to the uses permitted within the Residential Type One (R1) Zone, a maximum of five (5) dwelling units may be permitted provided such units are not located on the first storey. All other applicable provisions of the Village Commercial (C4) Zone shall continue to apply. 2. That, Schedule ‘22’ of the Township of Minden Hills Zoning By-law No. 06-10, as amended, is hereby further amended as it pertains to those lands on Part of Lot 5, Concession ‘A’, in the Geographic Township of Minden, and shown more particularly on Schedule ‘A’ affixed hereto and forming part of this By-law, by rezoning the said lands from the VILLAGE COMMERCIAL (C4) ZONE TO THE VILLAGE COMMERCIAL EXCEPTION FOUR (C4-4) ZONE. 3. That, this By-law shall come into force and effect on the date it is passed, subject to the provisions of Section 34 of the Planning Act. READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 26th day of March, 2020.

______Brent Devolin, Mayor

______Victoria Bull, Clerk

Page 186 of 195 Page 187 of 195 Corporation of the Township of Minden Hills

By-Law No. 20-61

Being a By-law to Regulate Noise within the Boundaries of the Township of Minden

WHEREAS Council acknowledges that fireworks have the potential to pollute air and water, negatively impact wildlife in the vicinity and diminish quality of life for some residents;

AND WHEREAS Council wishes to take action to mitigate the risk to human, animal and environmental health;

AND WHEREAS Section 121 (a) of the Municipal Act, 2001, S.O. 2001, c.25 provides that the Council may prohibit and regulate the sale of fireworks and the setting off of fireworks;

AND WHEREAS Council deems it expedient to enact a by-law to regulate noise within the boundaries of the Township of Minden Hills;

NOW THEREFORE the Council for the Township of Minden Hills enacts as follows:

1. DEFINITIONS:

In this By-law;

a) “Agricultural Property” means a property that is zones for agricultural use in the zoning by- law that applies to the property;

b) “Construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavation, blasting and detonation of explosive devices other than fireworks, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any associated or related work;

c) “Council” means the elected Municipal Council of the Township of Minden Hills;

d) “Emergency” means a situation or an impending situation, often dangerous, caused by the forces of nature, an accident, and intentional act or otherwise, which arises suddenly and calls for prompt action;

e) “Emergency vehicle” includes a land ambulance, an air ambulance, a fire department vehicle, and a motor vehicle being used to respond to an emergency;

f) “Fire Ban” means a temporary measure put in place by the Municipality or Ministry of Natural Resources and Forestry (MNRF) to restrict open air fires when extreme fire conditions may exist. This measure is put in place in order to help prevent human caused fires.

g) “Fireworks” means a class of explosive pyrotechnic devices;

h) “Motor Vehicle” includes an automobile, bus, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven other than by a muscular power, but does not include a motorized snow vehicle, traction engine, farm tractor, other farm vehicle or road-building machine;

i) “Municipality” means the Township of Minden Hills;

j) “Noise” means sounds that is unusual or excessive, or that is unwanted by or disturbing to persons;

k) “Owner” includes:

i) the person, for the time being, managing or receiving the rent of the land or premises, in connection with which the word is used, whether on the person’s own account or as an agent or trustee of any other person, or who would so receive the rent is such land and premises were let, and;

ii) a leasee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property

l) “Person” includes a corporation as well as an individual;

m) “Premises” means a piece of land and any buildings and structures on it, and includes a place of business, road, and any other location of place;

Page 188 of 195 n) “Provincial Offences Officer” includes any person who is employed or who has entered into a contract with the Corporation and who has been appointed by by-law by Council to control dogs or any Municipal Law Enforcement Officer engaged to enforce by-laws of the Corporation or any Police Officer or Police Cadet Officer employed and/or appointed by the Ontario Provincial Police;

o) “Residence” means a room, suite or rooms, or dwelling, including a mobile trailer, operated as a housekeeping unit that is used or intended to be used as a separate domicile by one or more persons, and that normally contains cooking, eating, living, sleeping, and sanitary facilities;

p) “Road” includes a public highway, private road, lane, pathway, and sidewalk;

q) “Utility” means a system that is used to provide a utility service to the public, including water, sewage, electricity, gas, communications networks and cable services;

r) “Vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, and other vehicle propelled or driven other than by muscular power;

s) “Zoning By-Law” means a by-law passed under section 34 of the Planning Act that restricts the use of land.

t) “Public Fireworks Display” means an exhibition of low or high hazard recreational Fireworks in an open air assembly, occupancy to which the public is invited or admitted, with or without a fee being charged.

u) “Consumer fireworks” means an outdoor, low hazard, recreational firework that is classed as a subdivision 1 of Division 2 of Class 7 Fireworks under the Act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, and volcanoes, but does not include sparklers, Christmas crackers, and caps for toy guns containing not in excess of twenty-five one-hundredths of a grain of explosive used per cap;

v) “Display Fireworks” means high-hazard firework articles designed for use by professionals. These articles include items such as aerial shells, cakes, roman candles, waterfalls, lances and wheels.

2. GENERAL NOISE REGULATIONS

(2.1) No person shall make, cause or permit to be made, either on a highway or elsewhere in the Municipality, any unnecessary noise or unnecessary sounds which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of any person or is the result of any activities described in Schedule “A” and that is audible to:

a) a person in a premises or vehicle other than the premises or vehicle from which the noise is originating; or

b) a person in a residence other than the residence from which the noise is originating.

(2.2) No person shall set off any Fireworks on any public street or roadway within the Township of Minden Hills at any time.

(2.3) Consumer fireworks within the geographical Township of Minden Hills do not require a permit and are only permitted on the following:

(a) New Years Eve - between dusk and 1 AM;

(b) Canada Day - between dusk and 11 p.m. the weekend prior to Canada Day, the weekend directly following Canada Day or on the day of Canada Day.

(2.4) Despite Subsection 2.3, no person shall set off any Fireworks when there is a Fire Ban in effect or when open air burning is prohibited.

3. PERMITS FOR THE DISCHARGE OF PUBLIC AND DISPLAY FIREWORKS

(3.1) No person shall discharge or permit the discharging of display or public fireworks on prohibited days without a permit.

(3.2) Every application for a Permit to discharge Public or Display fireworks, for days other than those stated in Section 2.3, shall be made to the Fire Chief upon such application form as may be issued by the Fire Chief from time to time.

Page 189 of 195 4. VENDORS SELLING CONSUMER, DISPLAY OR PUBLIC FIREWORKS - POSTED – CONSPICUOUS PLACE

(4.1) A copy of Section 2, General Regulations of this by-law, shall be posted in a conspicuous place upon any Premises where fireworks are sold.

5. PUBLIC COMPLAINT PROCESS/ENFORCEMENT

(5.1) A complaint form, supplied by the Municipal by-law department, must be completed, in full, by any member of the public who has witnessed a general noise violation

(5.2) Any complaint form, not completed in their entirety, will be considered to be incomplete.

(5.3) Any member of the public completing a complaint forms acknowledges that their presence in court may be required.

(5.4) Nothing herein shall be deemed to limit the ability of the Ontario Provincial Police to enforce this by-law at any time.

6. EXEMPTIONS

(6.1) The Provisions of this By-law shall not apply to police, fire, ambulance or other emergency vehicle proceeding to an emergency.

(6.2) The prohibitions described in Schedule “A” do not apply if the noise is the result of measures undertaken in an emergency for the:

a) immediate health, safety, or welfare or the inhabitants; or

b) preservation or restoration or property, unless the noise is clearly of the longer duration or of a more disturbing nature than is reasonably necessary to deal with the emergency.

(6.3) The Prohibitions described in Schedule “A” do not apply if the noise is the result of any of the activities described in Schedule “B.”

7. SCHEDULES

(7.1) The Following Schedule are attached and form part of this by-law:

a) Schedule “A” – General Noise Prohibitions;

b) Schedule “B” – Exemptions from Noise Prohibitions;

c) Schedule “C” – Short form wording & set fines under The Provincial Offences Act Part I.

8. PENALITY PROVISIONS

(8.1) Any person who contravenes the provisions of this by-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act and to any other applicable penalties.

(8.2) If this by-law has been contravened and a conviction entered, the court in which the conviction has been entered and any other court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an Order prohibiting the continuation or repetition of the offence by the person convicted.

9. PERMITS FOR THE DISCHARGE OF PUBLIC AND DISPLAY FIREWORKS

(9.1) Every application for a Permit to discharge Public or Display fireworks, for days other than those stated in Section 2.3, shall be made to the Fire Chief upon such application form as may be issued by the Fire Chief from time to time.

Page 190 of 195 10. SEVERABILITY

(10.1) If a court of competent jurisdiction declares any provisions, or any part of a provision, of this by- law to be invalid, or to be of no force and effect, it is the intention of council in enacting this by-law that each and every provision of this by-law authorized by law be applied and enforced in accordance with the terms to the extent possible according to law.

11. REPEALS

(11.1) THAT By-laws 13-54 and 14-10 of the Corporation of the Township of Minden Hills are hereby rescinded.

12. EFFECTIVE DATE

(12.1) This By-law shall come into force and effect on the date of passing.

READ A FIRST, Second and Third time and finally passed this ______day of ______, 2020.

______Mayor

______

CAO/Clerk

Page 191 of 195 Schedule "A" to By-law No. 20-61

General Noise Prohibitions

1. Operations of a motor vehicle or motorized snow vehicle in a race.

2. Operation of a motor vehicle in such a way that the tires squeal.

3. Operation of a combustion engine or pneumatic device without a muffler.

4. Operation of any item of construction equipment without a muffler.

5. Operation of a vehicle in a manner that results in banging, clanking, squealing or similar sounds.

6. Operation of the horn of a vehicle or other warning device except where required or authorized, or in accordance with good safety practice.

7. Operation of any outdoor auditory signaling device, including but not limited to outdoor paging systems, the ringing of bells or gongs, the use of sirens, whistles or chimes, or the production, reproduction or amplification of any similar sounds by electronic means except where required or authorized by law or in accordance with good safety practice.

8. Persistent barking or calling made by household animals and birds.

9. Unusual, excessive, unwanted, disturbing noise by shouting, yelling or amplified sound.

10. Loud music that is of such a volume or nature that it is likely to disturb; or can easily be heard by an individual who is not on the same premises.

11. Permitting unusual, excessive unwanted, disturbing noise from the discharge of fireworks.

12. Setting off Fireworks on days other than permitted.

13. Setting off Fireworks during a fire ban.

Page 192 of 195 Schedule “B” to By-law No. 20-61

Exemptions from the Noise Prohibitions

1. Operation of emergency vehicles.

2. Operation of municipal service vehicles and related equipment.

3. Operation of utility service vehicles and related equipment.

4. Bicycle races.

5. Midways that have been authorized by the Municipality.

6. Circuses that have been authorized by the Municipality.

7. Races, parades, processions, and events for ceremonial, religious or traditional purposes that have been authorized by the police.

8. Operation of bells, chimes, carillons and clocks in churches and public buildings.

9. Cultural, recreational, educational and political events in parks and other public places.

10. Neighborhood events on municipal highways and other municipal property that have been authorized by the Municipality.

11. Agricultural activities on agricultural properties.

12. The provisions of this by-law shall not apply to Municipal Events

13. “Construction” work, which includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavation, blasting and detonation of explosive devices other than fireworks, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any associated or related work, is exempt between the hours of 7 AM until 7 PM.

Page 193 of 195 Schedule “C” to By-law No. 20-61

Set Fine Schedule

THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS

PART I Provincial Offences Act

By-law #20-61, to Regulate Noise within the Township of Minden Hills

ITEM SHORT FORM PROVISION SET FINE WORDING CREATING OR DEFINING OFFENCE 1 Noise from combustion engine, no muffler Section 2.1, Schedule $500.00 A(3) 2 Noise from construction equipment, no muffler Section 2.1, Schedule $500.00 A(4) 3 Noise from horn of vehicle or warning device Section 2.1, Schedule $500.00 A(6) 4 Noise from ringing bells, gongs, sirens, whistles Section 2.1, Schedule $500.00 A(7) 5 Noise from barking dogs Section 2.1, Schedule $500.00 A(8) 6 Noise from shouting, yelling or amplified sound Section 2.1, Schedule $500.00 A(9) 7 Permitting loud music at volume or nature likely to disturb; or be Section 2.1, Schedule $500.00 heard by a person not A(10) on the same premises.

8 Noise from the Section 2.1, Schedule $500.00 discharge of fireworks. A(11) 9 Setting off of Section 2.3, Schedule $500.00 Consumer Fireworks on A(12) days other than permitted. 10 Vendor Failed to post Section 4 $500.00 General Regulations 11 Fail to obtain a permit Section 3 for the discharge of $500.00 display or public fireworks 12 Cause or permit Section 2.4 $500.00 fireworks to be set off during a Fire Ban

Note: The penalty provision for the offences indicated above is Section 8 of By- Law No. 20-61, a certified copy of which has been filed.

Page 194 of 195 Noise Complaint Form

DATE RECEIVED IN OFFICE:

Witness:

Name:

911 Address:

Mailing Address:

Phone Number:

Cell Phone Number:

Did witness violation of General Noise Regulations:

Name:

911 Address:

Location at the above 911 address:

Type of occurrence:

Date of occurrence:

Time of occurrence:

Declaration:

I, ______hereby declare that the above information is true and genuine to the best of my knowledge. I understand that any false content will lead to cancellation of the complaint.

______Print Name of Complainant

______Print Mailing Address & Phone Number

______

______Signature of Complainant

Page 195 of 195